[Code 1975, § 18-1; Code 1992, § 15-1]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any description of watercraft, other than a seaplane on the
water, used or capable of being used for transportation on water.
Includes any waters, waterway, lake, river, canal or connecting
waters within the boundaries of the City and under its jurisdiction.
[Code 1975, § 18-2; Code 1992, § 15-2]
(a)
The City Manager shall appoint a Harbormaster of the City, and the
Harbormaster may exercise the authority of a police officer in enforcing
the laws and regulations pertaining to the harbor and the waters within
the jurisdiction of the City.
(b)
The Harbormaster shall have the authority to protect the owners and
occupants of wharves and docks within the City, in the undisturbed
use of the wharves and docks. He or she is authorized to regulate
the anchorage of all vessels lying within the City and to give such
orders and directions relative to the location and storage of every
vessel, as shall be in the interest of trade and navigation, having
respect at all times to the rights of occupants of wharves and docks.
To this end, he or she shall have full authority to go on board of
and move any vessel that shall be, without right or consent, occupying
any of such docks or wharves. It shall be unlawful for any owner,
captain, master, consignee or other person having charge of any such
vessel to refuse to comply with such orders or directions.
[Code 1975, § 18-3; Code 1992, § 15-3; 6-10-2002 by Ord. No. 1198]
The following shall apply to recreational use of the waters
adjacent to City-owned property:
(1)
Prohibited area for swimming or skating. The prohibited area for
swimming or skating shall be the Black River from its mouth at St.
Clair River to the City limits near Holland Avenue. No diving shall
be allowed from the Huron Lightship into the St. Clair River.
(2)
Permitted areas for swimming. Permitted areas for swimming, subject
to posted regulations, shall be Lakeside Beach and Lighthouse Park.
(3)
Designated boat-launching sites and harbors. Designated boat-launching
sites and harbors shall be Fort Street dock; Quay Street dock; South
Side dock; River Street dock; Water Street marina; Riverside Drive
launching ramp; and 12th Street launching ramp.
(4)
Prohibited area for water skiing. The prohibited area for water skiing shall be all slow-no wake zones defined in § 50-14.
(5)
Permitted areas for fishing. Nothing in this section shall be interpreted
or construed as prohibiting fishing in Lake Huron, the St. Clair River
or the Black River except as follows: Fishing is prohibited at all
City-designated boat-launching sites, harbors, mooring facilities
and from all bridges.
(6)
Permitted areas for diving. Nothing in this section shall be interpreted
or construed as prohibiting diving or using underwater breathing apparatus
by trained personnel or persons under the direction of trained personnel.
City-owned property may be used for the purpose of entering or leaving
the water of Lake Huron, the St. Clair River or the Black River except
as follows: Underwater diving is prohibited at all City-designated
boat-launching sites, harbors and mooring facilities except with specific
authorization from the City Harbormaster and then for the purpose
of rescue, recovery operation, or maintenance operations.
[Code 1975, § 18-4; Code 1992, § 15-4; 6-26-2017 by Ord. No. 17-005; 4-28-2018 by Ord. No. 18-008]
The following regulations, as provided in (33 CFR 117.625),
Black River, of Subchapter J, Bridges, from the Code of Federal Regulations,
Title 33, Navigation and Navigable Waters, shall regulate the navigation
season for City-owned or City-operated bridges located at Military
Street, Seventh Street and Tenth Street:
(1)
For all drawbridges across the Black River, notice requesting the
opening of a draw may be given to the St. Clair County Dispatch. Public
vessels of the United States, state or local vessels used for public
safety, and vessels in distress shall be passed through each drawbridge
on the river as soon as possible.
(2)
The draw of the Military Street Bridge, mile 0.33, shall open on
signal; except that, from May 1 through October 31, from 8:00 a.m.
to 11:00 p.m., seven days a week, the draw need be open on the hour
and half-hour for recreation vessels, or at any time when there are
more than five vessels waiting for an opening, and from November 1
through April 30 if at least 12 hours' advance notice is given.
(3)
The draw of the Seventh Street Bridge, mile 0.50, shall open on signal;
except that, from May 1 through October 31, from 8:00 a.m. to 11:00
p.m., seven days a week, the draw need open only on the quarter-hour
and three-quarter-hour for recreational vessels, or at any time when
there are more than five vessels waiting for an opening, and from
November 1 through April 30 if at least 12 hours' advance notice is
given.
(4)
The draw of the Tenth Street Bridge, mile 0.94, shall be open on
signal; except that, from May 1 through October 31, from 8:00 a.m.
to 11:00 p.m., seven days a week, the draw need open only on the hour
and half-hour for recreational vessels, or at any time when there
are more than five vessels waiting for an opening, and from 11:00
p.m. to 8:00 a.m. if at least one hour's advance notice is provided,
and from November 1 through April 30 if at least 12 hours' notice
is given.
(5)
The draw of the Canadian National Railroad Bridge, mile 1.56, shall
open on signal; except from November 1 through April 30 if at least
12 hours' advance notice is given.
(6)
When no draw tender is in attendance, the City shall conspicuously
post, on both the upstream and downstream sides of the bridge, in
manner that can be easily read at any time, the telephone number to
be used to contact the St. Clair County Dispatch.
(7)
The operating machinery of the draws shall be maintained in a serviceable condition and the draw opened and closed at least once about the midpoint of the period specified in Subsection (1) of this section at each bridge to ensure that the machinery is in proper order for satisfactory operation, provided the operation of a drawspan for the passage of a vessel shall be deemed to constitute such test operation.
(8)
The City Manager shall establish rules and regulations and amendments
thereto for the operation of drawbridges, subject to the approval
of the City Council. Such rules and regulations shall control the
operational procedures, so as to ensure proper control and safety
for both vehicular and navigational traffic.
[Code 1975, § 18-5; Code 1992, § 15-5]
No person shall put into the waters of any waterway or on the
ice covering any of such waters any filth of any description or throw
or deposit or permit to be deposited or placed in any of the waters
of any waterway or on ice covering such waters any glass, cans or
bottles, metal object, rubbish, garbage, refuse, sewage or any other
substance likely to injure any person, fish, bird or animal or cause
any unsightly or unsanitary conditions, either in or upon such waters
or on the shoreline adjacent thereto.
[Code 1975, § 18-6; Code 1992, § 15-6]
No person shall place any obstruction or permit the placing
of any obstruction within any waterway which would tend to endanger
or impede navigation. Any person offending against this section shall
be liable to the City for all costs and expenses incurred by it in
the removal of such obstruction.
[Code 1975, § 18-7; Code 1992, § 15-7]
No person shall anchor, moor, tie or fasten any vessel or equipment
upon any waterway in the City so as to interfere with the navigability
of such waterway or otherwise block or interfere with the use of the
waterway for navigation.
[Code 1975, § 18-8; Code 1992, § 15-8]
(a)
No person shall fill any land or place any structure beyond the established
dock lines of the City.
(b)
Encroachments prohibited by Subsection (a) of this section may be removed and the expense of such removal charged to the abutting landowner, when made or permitted by him or her or suffered to remain by him or her, otherwise than in accordance with the terms and conditions of this chapter. The expense of such removal shall be charged against such owner as a special assessment.
[Code 1975, § 18-9; Code 1992, § 15-9]
No person shall anchor, moor, tie or fasten any vessel or equipment
to any private dock without permission of the owner of such dock.
[Code 1975, § 18-10; Code 1992, § 15-10]
No person shall operate a vessel which does not meet all applicable
safety regulations and equipment requirements of the United States
Coast Guard, state statutes and the State Department of Natural Resources.
[Code 1975, § 18-11; Code 1992, § 15-11]
No person shall operate or give permission for the operation
of any motorboat on any waterway unless the motorboat is numbered
in accordance with Part 801 of Public Act No. 451 of 1994 (MCL 324.80101
et seq.) and unless the certificate of number awarded to the motorboat
is in full force and effect and the identifying number is displayed
on each side of the bow of the motorboat as required by such Act.
[Code 1975, § 18-12; Code 1992, § 15-12]
No person shall operate any motorboat on any waterway on which any number is painted, attached or otherwise displayed from either side of the bow of such motorboat, other than the number displayed in accord with § 50-11.
[Code 1975, § 18-15; Code 1992, § 15-15]
Any person operating or propelling a vessel upon any waterway
shall operate the vessel in a careful and prudent manner and at such
rate of speed so as not to endanger unreasonably the life or property
of any person. No person shall 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. No person shall operate a vessel in a manner so as to unreasonably
interfere with the lawful use by others of any waterway.
[Code 1975, § 18-16; Code 1992, § 15-16]
(a)
As used in this section, the term "slow-no wake speed" means a very
slow speed whereby the wake or wash created by the motorboat would
be minimal.
(b)
On the following portions of the Black River, no person shall operate
any motorboat at a speed in excess of a slow-no wake speed:
(1)
R 281.774.3. On the waters of the Black River, commencing at
its mouth at the St. Clair River to the Grand Trunk Western Railroad
bridge, a distance of 8,000 feet, more or less.
(2)
R 281.774.18. On the waters of the Black River, commencing at
a point 600 feet southeast of the Interstate Highway I-94 bridge to
a point 2,100 feet southeast of the bridge.
(3)
R 281.774.4. On the waters of the Black River, commencing at
a point 600 feet southeast of the Interstate Highway I-94 bridge to
a point 800 feet northwest of the bridge.
(4)
R 281.774.5. On the waters of the Black River, commencing at
a point 1,000 feet south of the intersection of the Black River and
the Black River Canal to a point 500 feet northwest of the intersection.
[6-26-2017 by Ord. No.
17-005]
[Code 1975, § 18-17; Code 1992, § 15-17]
No person shall operate any vessel or navigate, steer or control
himself or herself while being towed on water skis or a water sled,
surfboard or similar contrivance upon any waterway carelessly and
heedlessly in disregard of the rights or safety of others or without
due caution and circumspection or at a speed or in a manner so as
to endanger or be likely to endanger any person or property.
[Code 1975, § 18-18; Code 1992, § 15-18]
No operator of any vessel shall have in tow or shall otherwise
assist in the propulsion of a person on water skis or a water sled,
surfboard or other similar contrivance during the period from one
hour after sunset to one hour prior to sunrise. No person shall permit
himself or herself to be towed on water skis or a water sled, surfboard
or similar contrivance during such period.
[Code 1975, § 18-19; Code 1992, § 15-19]
Persons in charge of or occupying vessels docked at or moored
to land, docks, piers or wharves abutting waterways shall observe
all the health and sanitary regulations of the City and sections of
this Code relating to the conduct of persons and prohibiting acts
contrary to public health, morals, safety or public peace.
[Code 1975, § 18-20; Code 1992, § 15-20]
Persons in charge of or occupying vessels shall at all times
keep the docks, seawalls and premises adjacent to such vessels in
a neat and orderly manner and free from trash, rubbish, repair parts,
machinery, equipment and debris of all kinds.
[Code 1975, § 18-21; Code 1992, § 15-21]
(a)
No person in charge of or occupying a vessel shall dump or throw
garbage, paper, bottles, cans, refuse or debris into waterways. Persons
in charge of vessels moored or docked in the waterway shall provide
garbage cans of sufficient size to hold garbage or refuse.
(b)
There shall be no disturbance or removal of cans, bottles or trash
from any container or collection point at the River Street and Municipal
Marinas.
[Code 1975, § 18-22; Code 1992, § 15-22]
Every vessel in a waterway which is abandoned or which becomes
a menace to navigation or unseaworthy or which sinks, grounds or becomes
otherwise disabled is hereby declared to be a nuisance, and the person
in charge thereof shall abate such nuisance within 10 days after notice
from the Harbormaster.
[Code 1975, § 18-23; Code 1992, § 15-23]
The Harbormaster or any police officer shall have the authority
to board any vessel which may be anchored, moored, tied or fastened
in violation of this chapter and move or cause such vessel to be moved
to another location. He or she shall have the right to hold such vessel
for the payment of cost incurred in moving or storing it.
[Code 1975, § 18-24; Code 1992, § 15-24]
The sections of this chapter shall not be construed to prohibit
the running or racing of exhibition vessels, muffled or unmuffled,
during a publicly announced, properly authorized and adequately patrolled
regatta or speed trial exhibition.
[Code 1975, § 18-25; Code 1992, § 15-25; 1-27-1997 by Ord. No. 1111; 6-26-2017 by Ord. No. 17-005]
(a)
No person shall enter upon the dry land portion of the Lake Huron-Black
River Canal right-of-way lying east of Gratiot Avenue to Lake Huron
for any purpose except as specifically authorized by the City or other
appropriate authority.
(b)
The dry lands of the canal are defined as all of the dry land within
the canal right-of-way lying east of Gratiot Avenue to Lake Huron,
from the fencing on the northerly and southerly right-of-way lines
of the canal to the waters' edge of the canal.
(c)
It is unlawful for a person to swim or fish in the waters of the
Lake Huron-Black River Canal from its easterly end at Lake Huron to
Gratiot Avenue.
(e)
The
City shall post appropriate signing to give notice to the public.
[Code 1975, § 18-26; Code 1992, § 15-26; 6-26-2017 by Ord. No. 17-005]
(a)
No person shall operate any vessel in excess of a slow-no wake speed
on the waters of the Lake Huron-Black River Canal from its easterly
end at Lake Huron to its westerly end at Black River. As used in this
subsection, the term "slow-no wake speed" means a very slow speed
whereby the wake or wash created by the motorboat would be minimal.
(b)
It is unlawful for a person to moor or anchor a vessel, except in
an emergency, in the waters of the Lake Huron-Black River Canal from
its easterly end at Lake Huron to Gratiot Avenue.
(c)
This section is in accordance with the local watercraft controls
as established by the Law Enforcement Division of the State Department
of Natural Resources by the authority of Part 801 of Public Act 451
of 1994 (MCL 324.80101 et seq.).
