§ 94-68. Boating regulation.

(a)

Rules of the road. The United States Coast Guard Inland Rules apply to all public water of this city to the extent they are applicable.

(b)

Reckless or negligent operation. No person shall operate any motorboat or vessel or manipulate any water skis, aquaplane, or similar device in a willfully or wantonly reckless or negligent manner that endangers the life, limb or property of any person.

(c)

Excessive speed. No person shall operate any boat at a rate of speed greater than is reasonable and prudent, having due regard for the conditions and hazards, actual and potential, then existing, including weather and density of traffic, or greater than will permit him, in the exercise of reasonable care, to bring the boat to a stop within the assured clear distance ahead.

(d)

Reckless operation and excessive speed. No person shall operate a vessel or manipulate water skis, an aquaplane, or a similar device on the water located within municipal boundaries in willful or wanton disregard of the rights or safety of others or without due caution or circumspection, and at a speed or in a manner that endangers, or is likely to endanger, a person or property.

(e)

Hazardous wake or wash. No person shall operate a motorboat so as to create a hazardous wake or wash.

(f)

Circular course around fisherman or swimmer.

(1)

No person may operate a motorboat in a circular course around:

a.

Any other boat or personal watercraft any occupant of which is engaged in fishing, water-skiing, or a similar activity; or

b.

Any person swimming.

(2)

Subsection (f)(1) of this section does not apply to a person operating a motorboat in a circular course to retrieve a downed or fallen water-skier or other person engaged in a similar activity.

(3)

No swimmer or diver may come within 200 yards of a sight-seeing or excursion boat except for maintenance purposes or unless within an enclosed area.

(g)

Operating boats in restricted area. No person shall operate a boat within a water area that has been clearly marked, by buoys or some other distinguishing device, as a bathing, fishing, swimming, or otherwise restricted area designated by the state, the city, or another political subdivision of this state. This subsection does not apply to a patrol or rescue craft or in any case of any emergency.

(h)

Operating vessels in scuba diving or snorkeling areas.

(1)

No person shall operate a vessel within 50 feet of a buoy or of another vessel displaying a "diver down" flag that marks an area in which a person is scuba diving or snorkeling.

(2)

No person may operate a vessel at a speed greater than the minimum speed necessary to maintain steerageway and headway while the vessel is within 150 feet of a buoy or a vessel displaying a "diver down" flag that marks an area in which a person is scuba diving or snorkeling.

(3)

To be entitled to the protections of this subsection (h), a scuba diver or snorkeler shall prominently display a "diver down" flag from a buoy or vessel.

(4)

This section does not apply:

a.

To a person who is operating a patrol or rescue craft; or

b.

In an emergency.

(5)

Subsection (h)(1) of this section does not apply:

a.

To a person who is already operating a vessel in an area when another person displays a "diver down" flag within 150 feet of that vessel;

b.

To a person who is operating a vessel in a waterway that is less than 300 feet wide; or

c.

To a person who has permission to enter the area from the person who placed the buoy or the person who is operating the vessel displaying the "diver down" flag.

(6)

In this subsection (h), the term "diver down" flag means a square or rectangular red flag that has a diagonal white stripe and is at least 15 inches by 15 inches in size.

(i)

Water-skis, aquaplanes, etc.; time and manner of operation.

(1)

No person shall operate a vessel on any water of this city and tow a person or persons on water-skis, surfboards, or similar devices and no person shall engage in water-skiing, surfboarding, or similar activity at any time between the hours from one-half hour after sunset to one-half hour before sunrise. This subsection does not apply to motorboats or vessels used in water-ski tournaments, competitions, or exhibitions or trials where adequate lighting is provided.

(2)

All motorboats having in tow or otherwise assisting in towing a person on water-skis, aquaplanes, or similar contrivances shall be operated in a careful and prudent manner and at a reasonable distance from persons and property so as not to endanger the life or property of any person.

(3)

A person being towed on water-skis, aquaplanes, or similar devices by a vessel is considered an occupant of the vessel.

(Code 1994, § 86-103; Code 2005, § 94-68; Ord. No. 2000-31, § 1, 9-11-2000)