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Sub. S. B. No. 150As Passed by the SenateAs Passed by the Senate
124th General Assembly | Regular Session | 2001-2002 |
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SENATORS Armbruster, Spada, Robert Gardner, Harris, Mumper, White
A BILL
To amend sections 1547.01, 1547.25, 1547.53, 1547.531,
1547.54,
1547.542, 1547.57, 1547.99, and 4585.31,
to enact section 1547.65, and to repeal section
1547.62 of the Revised Code
to
provide owners of
canoes, rowboats, and
inflatable
watercraft with an
optional exemption
from
numbering requirements and
to make other
changes to
the law governing
watercraft.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1547.01, 1547.25, 1547.53, 1547.531,
1547.54,
1547.542, 1547.57, 1547.99, and 4585.31 be amended and
section 1547.65 of the Revised Code be enacted to read as
follows:
Sec. 1547.01. (A) As used in sections 1541.03,
1547.25,
1547.26, 1547.39, 1547.40, 1547.53, 1547.54, 1547.541, 1547.542,
1547.543, 1547.56, 1547.57, 1547.66, 3733.21, and 5311.01 of the
Revised Code, "watercraft" means any of the following when used
or
capable of being used for transportation on the water: (1) A vessel operated by machinery either permanently or
temporarily affixed; (2) A sailboat other than a sailboard; (3) An inflatable, manually propelled boat
having
that is
required by federal law to have a hull
identification number
meeting the requirements of the United
States coast guard; "Watercraft" does not include ferries as referred to in
Chapter 4583. of the Revised Code. Watercraft subject to section 1547.54 of the Revised Code
shall be divided into five classes as follows: Class A: Less than sixteen feet in length; Class 1: At least sixteen feet, but less than twenty-six
feet in length; Class 2: At least twenty-six feet, but less than forty feet
in length; Class 3: At least forty feet, but less than
sixty-five
feet
in length; Class 4: At least sixty-five feet in length. (B) As used in this chapter: (1) "Vessel" includes every description of watercraft,
including nondisplacement craft and seaplanes, used or capable of
being used as a means of transportation on water. (2) "Rowboat" means any vessel, except a canoe, that is
designed to be rowed and
that is propelled by human muscular
effort by oars or
paddles
and upon which no mechanical propulsion
device, electric motor,
internal combustion engine, or sail has
been affixed or is used
for the operation of the vessel. (3) "Sailboat" means any vessel, equipped with mast and
sails, dependent upon the wind to propel it in the normal course
of operation. (a) Any sailboat equipped with an inboard engine is deemed
a
powercraft with auxiliary sail. (b) Any sailboat equipped with a detachable motor is deemed
a sailboat with auxiliary power. (c) Any sailboat being propelled by mechanical power,
whether under sail or not, is deemed a powercraft and subject to
all laws and rules governing powercraft operation. (4) "Powercraft" means any vessel propelled by machinery,
fuel, rockets, or similar device. (5) "Person" includes any legal entity defined as a person
in section 1.59 of the Revised Code and any body politic, except
the
United States and this state, and includes any agent, trustee,
executor, receiver, assignee, or other representative thereof. (6) "Owner" includes any person who claims lawful
possession
of a vessel by virtue of legal title or equitable
interest therein
that entitled the
person to that possession. (7) "Operator" includes any person who navigates or has
under the person's control a vessel, or vessel and
detachable
motor, on
the waters in this state. (8) "Visible" means visible on a dark night with clear
atmosphere. (9) "Waters in this state" means all streams, rivers,
lakes,
ponds, marshes, watercourses, waterways, and other
bodies of
water, natural or humanmade,
that are situated
wholly or partially
within this state or within its jurisdiction
and are used for
recreational boating. (10) "Navigable waters" means waters that come under the
jurisdiction of the department of the army of the United States
and any waterways within or adjacent to this state, except inland
lakes having neither a navigable inlet nor outlet. (11) "In operation" in reference to a vessel means that
the
vessel is being navigated or otherwise used on the waters in this
state. (12) "Sewage" means human body wastes and the wastes from
toilets and other receptacles intended to receive or retain body
waste. (13) "Canoe" means a narrow vessel of shallow draft,
pointed
at both ends and propelled by human muscular effort, and
includes
kayaks, racing shells, and rowing sculls. (14) "Coast guard approved" means bearing an approval
number
assigned by the United States coast guard. (15) "Type one personal flotation device" means a device
that is designed to turn an unconscious person floating in
water
from a face downward position to a vertical or slightly face
upward position and that has at least nine
kilograms,
approximately twenty pounds, of buoyancy. (16) "Type two personal flotation device" means a device
that is designed to turn an unconscious person in the
water from
a
face downward position to a vertical or slightly face upward
position and that has at least seven kilograms,
approximately
fifteen and four-tenths pounds, of buoyancy. (17) "Type three personal flotation device" means a device
that is designed to keep a conscious person in a vertical
or
slightly face upward position and that has at least
seven
kilograms, approximately fifteen and four-tenths pounds, of
buoyancy. (18) "Type four personal flotation device" means a device
that is designed to be thrown to a person in the water and
not
worn and that has at least seven and
five-tenths
kilograms,
approximately sixteen and five-tenths pounds, of
buoyancy. (19) "Type five personal flotation device" means a
device
that, unlike other personal flotation devices, has limitations on
its approval by the United States coast guard, including, without
limitation, all of the following: (a) The approval label on the type five personal flotation
device
indicates that the device is approved for the activity in
which the vessel is
being used or as a substitute for a personal
flotation device of the type
required on the vessel in use;. (b) The personal flotation device is used in accordance with
any
requirements on the approval label;. (c) The personal flotation device is used in accordance with
requirements in its owner's manual if the approval label refers to
such a
manual. (20) "Inflatable watercraft" means any vessel constructed
of
rubber, canvas, or other material that is designed to
be
inflated
with any gaseous substance, constructed with two or more
air
cells, and operated as a vessel. Inflatable watercraft
propelled
by a motor shall be classified as powercraft and shall
be
registered by length.
Inflatable watercraft propelled by a sail
shall be classified as a sailboat and shall be registered by
length. (21) "Idle speed" means the slowest possible speed needed
to
maintain steerage or maneuverability. (22) "Diver's flag" means a red flag not less than one
foot
square having a diagonal white stripe extending from the
masthead
to the opposite lower corner that when displayed
indicates that
divers are in the water. (23) "Muffler" means an acoustical suppression
device or
system that is designed and installed to abate the
sound of
exhaust gases emitted from an internal combustion engine
and that
prevents excessive or unusual noise. (24) "Law enforcement vessel" means any vessel used in law
enforcement and under the command of a law enforcement officer. (25) "Personal watercraft" means a vessel, less than sixteen
feet
in length, that is propelled by machinery and designed to be
operated by an
individual sitting, standing, or kneeling on the
vessel rather than by an
individual sitting or standing inside the
vessel. (26) "No wake" has the same meaning as "idle speed." (27) "Watercraft dealer" means any person who is regularly
engaged in the business of manufacturing, selling, displaying,
offering for
sale, or dealing in vessels at an established place
of business. "Watercraft
dealer" does not include a person who is
a marine salvage dealer or any other
person who dismantles,
salvages, or rebuilds vessels using used parts. (28) "Electronic" includes electrical, digital, magnetic,
optical, electromagnetic, or any other form of technology that
entails
capabilities similar to these technologies. (29) "Electronic record" means a record generated,
communicated,
received, or stored by electronic means for use in
an information system or
for transmission from one information
system to another. (30) "Electronic signature" means a signature in electronic
form
attached to or logically associated with an electronic
record. (C) Unless otherwise provided, this chapter applies to all
vessels operating on the waters in this state. Nothing in this
chapter shall be construed in contravention of any valid federal
act or regulation, but is in addition to the act or
regulation
where not inconsistent. The state reserves to itself the exclusive right to
regulate
the minimum equipment requirements of watercraft and
vessels
operated on the waters in this state.
Sec. 1547.25. (A) No person shall operate or permit to be
operated any
watercraft
vessel, other than a commercial vessel
or
other vessel exempted by rules adopted under section 1547.52 of
the Revised Code,
on the waters in this state: (1) That is sixteen feet or greater in length without
carrying aboard one type
one, two, or three personal flotation
device
for
each person aboard and one type four personal flotation
device; (2) That is less than sixteen feet in length, including
canoes and kayaks of any
length,
without carrying aboard one type
one, two, or
three
personal flotation device for each person
aboard. (B) A type five personal flotation device
may be carried in
lieu of a type one, two, or
three
personal flotation device
required under division (A) of this
section. (C) No person shall operate or permit to be operated any
commercial vessel on the waters in this state: (1) That is less than forty feet in length and is not
carrying persons for hire without carrying aboard at least one
type one, two, or three personal flotation device for each
person
aboard; (2) That is carrying persons for hire or is forty feet in
length or longer and is not carrying persons for hire without
carrying aboard at least one type one personal flotation device
for each person aboard; (3) That is twenty-six feet in length or longer without
carrying aboard at least one type four ring life buoy in
addition
to the applicable requirements of divisions
(C)(1) and (2) of this
section. (D) Each personal flotation device carried aboard a
watercraft or
vessel, including a commercial vessel, pursuant to
this section shall be coast
guard approved
and in good and
serviceable condition, of appropriate size for
the wearer, and
readily accessible to each person aboard the
watercraft
vessel at
all times. (E) As used in this section, "commercial vessel" means any
vessel
used in the carriage of any person or property for a
valuable consideration
whether flowing directly or indirectly from
the owner, partner, or agent or
any other person interested in the
vessel. "Commercial vessel" does not
include any vessel that is
manufactured or used primarily for noncommercial
use or that is
leased, rented, or chartered to another for noncommercial use.
Sec. 1547.53. Every watercraft operated on the waters
in
this state shall be numbered by this state in
accordance with
federal law or a federally approved numbering system of
another
state. A watercraft numbered by this state shall display the
number
on the watercraft as provided in section 1547.57 of the
Revised Code.
Watercraft exempt from numbering by the state are: (A) Those currently documented by the United States coast
guard or its successor; (B) Those whose principal use is not on the waters in this
state and that
have not been used within this state for
more than
sixty days and have a valid number assigned
under a federally
approved numbering system by another state if
the number is
displayed in accordance with the requirements of
that system and
the certificate of number is available for
inspection whenever the
watercraft is on waters in this state; (C) Those from a country other than the United States,
temporarily using the waters in this state; (D) Those whose owner is the United States, a state, or a
political subdivision of a state;, that fit either of the
following descriptions, and that are clearly identifiable as such: (1) A powercraft that principally is used for governmental
purposes other than recreational purposes; (2) A watercraft other than a powercraft. (E) A ship's lifeboat. As used in this division, "lifeboat"
means a
watercraft that is held aboard another vessel and used
exclusively for
emergency purposes. (F) Those that have been exempted from numbering by the
chief of the division of watercraft after the chief has found
that
the numbering of the watercraft will not materially aid in
their
identification and, if an agency of the United States has
a
numbering system applicable to the watercraft, after the chief
has
further found that they also would be exempt from numbering by the
United
States government if they were subject to the federal law; (G) Those temporarily using the waters in this state under
a
waiver issued by the chief to an organization sponsoring a
race,
regatta, or special event. The chief may issue a waiver upon
application
by the sponsoring organization at
least fifteen days
before the date of the proposed race, regatta,
or special event.
The waiver shall be effective for ten days including
the day or
days of the proposed race, regatta, or special event. Such a
waiver does not obviate the need for compliance with section
1547.20 of
the Revised Code.
(H) Canoes, rowboats, and inflatable watercraft that are
registered under section 1547.54 of the Revised Code and that an
owner, in accordance with this division, chooses not to have
numbered under this section. An owner of a canoe, rowboat, or
inflatable watercraft may choose to do either of the following: (1) Have it numbered under this section, pay a lesser
registration fee under division (A)(2)(a) of section 1547.54 of
the Revised Code, and
obtain square tags under division (A) of
section 1547.57 of the
Revised Code;
(2) Not have it numbered under this section, pay a higher
registration fee under division (A)(2)(b) of section 1547.54 of
the Revised Code, and
obtain a rectangular tag under division (C)
of section 1547.57 of
the Revised Code.
Sec. 1547.531. (A)(1) Except as provided in division
(A)(2)
or (B) of this section, no person shall operate
or give
permission
for the operation of any watercraft on the waters in
this state
unless the watercraft is registered in the name of the
current
owner in accordance with section 1547.54 of the Revised
Code, and
the registration is valid and in effect.
(2) On and after January 1, 1999, if a
watercraft
that is
required to be issued a certificate of title under Chapter
1548.
of the Revised Code
is transferred to a new owner, it need not be
registered under section
1547.54 of the Revised Code for
forty-five days following the date of the transfer, provided that
the new owner purchases a temporary watercraft registration under
division
(A) of this section or holds a bill of sale from a
watercraft
dealer. For the purposes of division
(A)(2) of this section, a
temporary watercraft registration or a bill of sale from a
watercraft dealer shall contain at least all of the following
information: (a) The hull identification number or serial number of the
watercraft; (b) The make of the watercraft; (c) The length of the watercraft; (d) The type of propulsion, if any; (e) The state in which the watercraft
principally is
operated; (f) The name of the owner; (g) The address of the owner, including the zip
code; (h) The signature of the owner; (i) The date of purchase; (j) A notice to the owner that the temporary
watercraft
registration expires forty-five days after the date
of purchase of
the watercraft or that the watercraft cannot be
operated on the
waters in this state solely under the bill of
sale beginning
forty-five days after the date of purchase of the
watercraft, as
applicable. (3) A person may purchase a temporary watercraft
registration from the chief of the division of watercraft or
from
an authorized agent designated under section 1547.54 of the
Revised
Code. The chief shall furnish
forms for temporary
watercraft registrations to authorized
agents. In addition to
completing the registration form with
the information specified in
divisions
(A)(2)(a)
to (i) of this section, the person
shall pay
one of the
applicable fees required under divisions (A)(2)(a)
to
(f)(g) of section 1547.54 of the Revised Code as provided in that
section. Moneys received for the payment of temporary watercraft
registrations shall be deposited to the credit of the waterways
safety fund created in section 1547.75 of the
Revised
Code. (4) In addition to the applicable fee required
under
division (A)(3) of this
section, the chief or an authorized agent
shall charge an
additional fee of three dollars for a temporary
watercraft
registration that the chief or the authorized agent
issues.
When the temporary watercraft registration is issued by
an
authorized agent, the agent may retain the additional fee.
When
the temporary watercraft registration is issued by the chief,
the
additional fee shall be deposited to the credit of the
waterways
safety fund. (5) A person who purchases a temporary watercraft
registration for a watercraft and who subsequently applies for a
registration
certificate under section 1547.54 of the
Revised
Code
need not pay the fee required under division (A)(2) of
that
section for the initial registration certificate issued for that
watercraft, provided that at the time of application for the
registration
certificate, the person furnishes proof of payment
for the
temporary watercraft registration. (6) A person who purchases a temporary watercraft
registration, who subsequently applies for a registration
certificate under section 1547.54 of the
Revised
Code, and who is
exempt from
payment for the registration certificate under
division
(O) of that section may apply
to the chief for a refund
of the amount paid for the temporary
watercraft registration at
the time that the person applies for
a registration certificate.
The chief shall refund that amount
upon issuance to the person of
a registration
certificate. (7) All records of the division of watercraft made or
maintained for the purposes of divisions
(A)(2) to (8) of this
section
are public records. The records shall be available for
inspection at reasonable hours and in a manner that is
compatible
with normal operations of the division. (8) Pursuant to division
(A)(1) of section 1547.52 of
the
Revised
Code, the chief may adopt rules
establishing all of the
following: (a) Record-keeping requirements governing the
issuance of
temporary watercraft registrations and the use of
bills of sale
from watercraft dealers for the purposes of
division (A)(2) of
this
section; (b) Procedures and requirements for the refund
of fees under
division (A)(6)
of this section; (c) Any other procedures and requirements
necessary for the
administration and enforcement of divisions
(A)(2) to (8) of this
section. (B) All of the following watercraft are exempt from
registration: (1) Those that are exempt from numbering by the state
under
divisions (B) to (G) of section 1547.53 of the Revised
Code; (2) Those that have been issued a commercial documentation
by the United States coast guard or its successor and are used
exclusively for commercial purposes; (3) Those that have been documented by the United States
coast guard or its successor as temporarily transitting, whose
principal use is not on the waters in this state, and that have
not been used within this state for more than sixty days. (C) No person shall operate a watercraft documented by the
United States coast guard or its successor unless the certificate
of documentation is valid, is on the watercraft for which it has
been issued, and is available for inspection whenever the
watercraft is in operation. In accordance with 46 C.F.R. part
67,
as amended, the watercraft shall display the official number,
the
vessel name, and the home port listed on the certificate of
documentation. (D)(1) For the purposes of this section and section
1547.53
of the Revised Code, a watercraft is principally using
the waters
in this state if any of the following applies: (a) The owner resides in this state and declares that the
watercraft principally is using the waters in this state;. (b) The owner resides in another state, but declares that
the watercraft principally is using the waters in this state;. (c) The watercraft is registered in another state or
documented by the United States coast guard and is used within
this state for more than sixty days regardless of whether it has
been assigned a seasonal or permanent mooring at any public or
private docking facility in this state. (2) Notwithstanding division (D)(1)(c) of this section, a
person on active duty in the armed forces of the United States
may
register a watercraft in the person's state of permanent
residence
in
lieu of registering it in this state regardless of the number
of
days that the watercraft is used in this state.
Sec. 1547.54. (A)(1)
The
Except as otherwise provided in
section 1547.542 of the Revised Code, the owner of every
watercraft requiring
registration under this chapter shall file an
application for a
triennial registration certificate with the
chief of the division of
watercraft on forms that shall be
provided by the chief or by an electronic
means approved by the
chief. The
application shall be signed by the following: (a) If the watercraft is owned by two persons under joint
ownership with
right of survivorship established under section
2106.17 of the Revised Code,
by both of those persons as owners of
the watercraft. The
signatures may be done by electronic
signature if the owners themselves are
renewing the registration
and there are no changes in the registration
information since the
issuance of the immediately preceding registration
certificate.
In
all other instances, the signatures
must
shall be done
manually. (b) If the watercraft is owned by a minor, by the minor and
a parent or legal
guardian. The signatures may be done by
electronic
signature if the parent or legal guardian and the minor
themselves are
renewing the registration and there are no changes
in the registration
information since the issuance of the
immediately preceding registration
certificate. In all other
instances, the signatures
must
shall be done manually. (c) In all other cases, by the owner of the watercraft. The
signature may be done by electronic signature if the owner
him or
herself is
renewing the registration
personally and there are no
changes in the registration
information since the issuance of the
immediately preceding registration
certificate. In all other
instances, the signatures
must
shall be done manually. (2) An application for a triennial registration of a
watercraft filed
under division
(A)(1) of this section shall be
accompanied by the following
fee: (a) For canoes,
kayaks, rowboats, and inflatable watercraft
that are numbered under section 1547.53 of the Revised Code,
twelve
dollars; (b)
For canoes, row boats, and inflatable watercraft that are
not numbered under section 1547.53 of the Revised Code, seventeen
dollars;
(c) For class A watercraft, including motorized canoes,
thirty
dollars; (c)(d) For class 1 watercraft, forty-five dollars;
(d)(e) For class 2 watercraft, sixty dollars;
(e)(f) For class 3 watercraft, seventy-five dollars;
(f)(g) For class 4 watercraft, ninety dollars.
(3) For the purpose of registration, any watercraft operated
by
means of power, sail, or any other mechanical or electrical
means
of propulsion, except motorized canoes, shall be
registered
by length as prescribed in this
section. (4) If an application for registration is filed by two
persons
as owners
under division (A)(1)(a) of this section, the
person who is
listed first on
the title shall serve as and perform
the duties of the "owner"
and shall be
considered the person "in
whose name the watercraft is
registered" for
purposes of divisions
(B) to (Q) of this section and for
purposes
of all other
sections
in this chapter. (B) All registration certificates
issued under this section
are valid for three years and are
renewable on a
triennial basis
unless sooner terminated or discontinued in
accordance with this
chapter. The renewal date shall be printed
on the registration
certificate. A registration certificate may
be renewed by the
owner in the manner prescribed by the chief. All fees shall
be
charged according to a proration of the time
remaining in the
registration cycle to the nearest year. (C) In addition to the fees set forth in this section, the
chief, or any authorized agent, shall charge an additional fee of
three dollars for any registration certificate
the chief or
authorized agent issues.
When the registration
certificate is
issued by an authorized
agent, the additional fee of three dollars
shall be retained by the issuing
agent. When the registration
certificate is issued by the chief, the additional fee of three
dollars shall be deposited to the credit of the waterways safety
fund established in section 1547.75 of the Revised Code. (D)(1) Upon receipt of the application in approved form, the
chief shall enter the same upon the records of the office of the
division, assign a number to the watercraft if a number is
required under section 1547.53 of the Revised Code, and issue to
the applicant a registration certificate. If a number is
assigned
by the chief, it shall be set forth on the certificate.
The
registration certificate shall be on the watercraft for which
it
is issued and available at all times for inspection whenever
the
watercraft is in operation, except that livery operators may
retain the registration certificate at the livery where it shall
remain available for inspection at all times
and except as
otherwise provided in division (D)(2) of this section.
(2) A person who is operating on the waters of this state a
canoe, rowboat, or inflatable watercraft that has not been
numbered under section 1547.53 of the Revised Code and who is
stopped by a law enforcement officer in the enforcement of this
chapter or rules adopted under it shall present to the officer,
not later than seventy-two hours after being stopped, a
registration certificate. The registration certificate shall have
been obtained under this section for the canoe, rowboat, or
inflatable watercraft prior to the time that it was stopped.
Failure of the person to present the registration certificate
within seventy-two hours constitutes prima-facie evidence of a
violation of this section. (E) No person shall issue or be issued a registration
certificate for a watercraft that
is required to be issued a
certificate of title under Chapter 1548.
of the Revised Code
except upon presentation of a certificate of title for the
watercraft as provided in that
chapter,
proof of current
documentation by the United States coast guard,
a renewal
registration form provided by the division of
watercraft, or a
certificate of registration issued under this
section that has
expired if there is no change in the ownership or description
of
the watercraft. (F) Whenever the ownership of a watercraft changes, a new
application form together with the prescribed fee shall be filed
with the chief or the chief's agent and a new
registration
certificate
shall be issued. The application shall be signed
manually by the
person or persons
specified in division (A)(1)(a)
to (c) of this section and shall be
accompanied by a
two-dollar
transfer fee. Any remaining time on the registration
shall be
transferred. An authorized agent of the chief shall
charge an
additional fee of three dollars, which shall be
retained by the
issuing agent. If the certificate is issued
by the chief, an
additional fee of three dollars for each
certificate issued shall
be collected. (G) If an agency of the United States has in force an
overall system of identification numbering for watercraft or
certain types of watercraft within the United States, the
numbering system employed by the division shall be in conformity
with that system. (H) The chief may assign any registration certificates to
any authorized agent for the assignment thereof. If a person
accepts that authorization, the person may be assigned a
block of
numbers
and certificates therefor that upon assignment, in
conformity
with this chapter and Chapter 1548. of the Revised Code
and with
rules of the division, shall be valid as if assigned
directly by the division. Any person so designated as an agent
by
the chief shall post with the division security as may be
required
by the director of natural resources. The chief may
issue an
order temporarily or permanently restricting or
suspending an
agent's authorization without a hearing if the
chief finds
that
the agent has violated this chapter or Chapter 1548. of the
Revised Code, rules adopted under them, or any agreements
prescribed
by the chief. (I) All records of the division made or kept pursuant to
this section shall be public records. Those records shall be
available for inspection at reasonable hours and in a manner
compatible with normal operations of the division. (J) The owner shall furnish the division notice within
fifteen days of the following: (1) The transfer, other than through the creation of a
security interest in
any watercraft, of all or any part of the
owner's interest
or, if the watercraft is
owned by two persons
under joint ownership with right of survivorship
established under
section 2106.17 of the Revised Code, of all or any part of
the
joint interest of either of the two persons. The transfer shall
not
terminate the registration certificate. (2) Any change in the address appearing on the
certificate
and, as a part of the notification,
shall furnish
the chief with
the owner's new address; (3) The destruction or abandonment of the watercraft. (K) The chief may issue duplicate registration
certificates
or duplicate tags to owners of currently registered
watercraft,
the fee for which shall be four dollars. (L) If the chief finds that a registration certificate
previously issued to an owner is in error to a degree that would
impair its basic purpose and use, the chief may issue a
corrected
certificate to the owner without charge. (M) No authorized agent shall issue and no person shall
receive or accept from an authorized agent a registration
certificate assigned to the authorized agent under division (H)
of
this section unless the exact month, day, and year of issue
are
plainly written thereon by the agent. Certificates issued
with
incorrect dates of issue are void from the time they are
issued. (N) The chief, in accordance with Chapter 119. of the
Revised Code,
shall adopt
rules governing the renewal of
watercraft registrations by electronic means. (O) As used in this section: (1) "Disabled veteran" means a person who is
included in
either
of the following categories: (a) Because of a service-connected disability, has been or
is awarded funds for the purchase of a motor vehicle under the
"Disabled Veterans' and Servicemen's Automobile Assistance Act of
1970," 84 Stat. 1998, 38 U.S.C. 1901, and amendments thereto; (b) Has a service-connected disability rated at one
hundred
per cent by the veterans administration. (2) "Prisoner of war" means any regularly appointed,
enrolled, enlisted, or inducted member of the military forces of
the United States who was captured, separated, and incarcerated
by
an enemy of the United States at any time, and any regularly
appointed, enrolled, or enlisted member of the military forces of
Great Britain, France,
Australia, Belgium, Brazil, Canada, China,
Denmark, Greece, the
Netherlands, New Zealand, Norway, Poland,
South Africa, or the republics
formerly associated with the Union
of Soviet
Socialist Republics or
Yugoslavia who was a citizen of
the United States at the time of
the appointment, enrollment, or
enlistment, and was captured,
separated, and incarcerated by an
enemy of this country during
World War II. (P) Any disabled veteran, congressional medal of honor
awardee, or prisoner of war may apply to the chief for a
certificate of registration, or for a renewal of the
certificate
of
registration, without the payment of any fee required by
this
section.
The application for a certificate of registration shall
be accompanied
by evidence of disability or by documentary
evidence
in
support of a congressional medal of honor that the
chief
requires
by rule. The application for a certificate of
registration by any
person who has been a prisoner of war shall be
accompanied by
written evidence in the form of a record of
separation, a letter
from one of the armed forces of a country
listed in division
(O)(2) of this section, or other evidence that
the chief
may
require by rule, that the person was honorably
discharged or is
currently residing in this state on active duty
with
one of the
branches of the armed forces of the United States,
or was a
prisoner of war and was honorably discharged or received
an
equivalent discharge or release from one of the armed forces of
a
country listed in division (O)(2) of this section. (Q) Annually by the fifteenth day of January, the director
of natural resources shall determine the amount of fees that
would
have been collected in the prior calendar year for each
certificate of registration issued or renewed pursuant to
division
(P)
of this section and shall certify the total amount of foregone
revenue
to the director of budget and management for
reimbursement. The
director of budget and management shall
transfer the
amount certified from the general revenue fund to the
waterways
safety fund created pursuant to section 1547.75 of the
Revised
Code.
Sec. 1547.542. Any person or organization owning any
number
of canoes,
kayaks, rowboats, inflatable watercraft, or
sailboats
for the purpose of rental to the public may apply with
the chief
of the division of watercraft for and receive an annual
certificate of livery registration. No watercraft shall be
rented
to the public from a livery or other place of business in
this
state unless it first has been numbered and
registered in
accordance with this section or section 1547.54 of the Revised
Code. Certificates of livery registration shall be issued by
an
authorized agent who is selected
by the chief from among those
designated under section 1547.54 of the
Revised Code. The
certificate shall
display the name of the
owner of the livery, the
date of issuance, the date of
expiration, the number of watercraft
registered, the fee paid,
an authorized facsimile of
the signature
of the chief provided by the authorized agent who is selected
to
issue the certificate, and the signature of the livery
owner. The
certificate shall bear the livery watercraft
registration number
assigned to the livery owner, which shall be
displayed in
accordance with section 1547.57 of the Revised Code
on each
watercraft in the fleet for which the certificate was
issued. The
owner of a livery shall obtain an amended
certificate of livery
registration from the chief whenever the
composition of the fleet
changes. The fee for each watercraft registered under this section
shall be
in accordance with
an annual registration fee. The fee
shall be one-third of the
triennial registration fees prescribed
in
section 1547.54 of the Revised Code. However, if the size of
the
fleet does not increase, the fee for an amended certificate of
livery registration shall be the fee prescribed for issuing a
duplicate registration certificate under section 1547.54 of the
Revised Code, and the chief shall not refund to the livery owner
all or any portion of an annual registration fee applicable to a
watercraft transferred or abandoned by the livery owner. If the
size of the fleet increases, the livery owner shall be required
to
pay the applicable annual registration fee for each watercraft
registered under an amended certificate of livery registration
that is in excess of the number of watercraft contained in the
annual certificate of livery registration. The certificate of livery registration, rental receipts,
and
required safety equipment are subject to inspection at any
time at
the livery's place of business by any authorized
representative of
the division of watercraft or any law
enforcement officer in
accordance with section 1547.63 of the
Revised Code. Except as provided in this section, all watercraft
registered
under this section are subject to this chapter and
Chapter 1548.
of the Revised Code. The chief may issue an order temporarily or permanently
restricting or suspending a livery certificate of registration
and
the privileges associated with it without a
hearing if the chief
finds that the holder of the certificate has violated this
chapter.
Sec. 1547.57.
When
(A) Except as otherwise provided in
division (C) of this section, when the chief of the division of
watercraft
issues a registration certificate under section 1547.54
of the
Revised Code, the chief also shall issue to the applicant
two
tags not larger than three inches square, color coded,
indicating the
expiration date of the certificate. The owner of
watercraft
currently documented by the United States coast guard
and for
which a registration certificate is issued shall securely
affix
one tag to the watercraft's port side and the other tag to
the
starboard side so that the tags are clearly visible under
normal
operating conditions. The tags shall be removed from the
watercraft when
they become invalid. The owner of any other
watercraft for
which a registration certificate is issued shall
securely affix
one tag to the watercraft's port side, six inches
toward the stern
from the identification number, and the other tag
to the
starboard side, six inches toward the stern from the
identification number. The tags shall be securely affixed to the
watercraft prior to its operation, but shall be removed from the
watercraft when they become invalid. A person may operate without
a registration certificate issued under section 1547.54 of the
Revised Code, for a
period not to exceed forty-five days, any
watercraft
required to be titled on the waters in this
state if
the person is in compliance
with section 1547.531 of the Revised
Code. (B) The owner of every watercraft requiring numbering by
this
state shall attach to each side of the bow of the watercraft
the
permanent identification number in such manner as may be
prescribed by applicable federal standards in order that it shall
be clearly visible. The number shall be maintained in a legible
condition at all times. No number other than the number assigned
to a watercraft or granted by reciprocity pursuant to this
chapter
shall be painted, attached, or otherwise displayed on
either side
of the bow of the watercraft.
(C) When the chief issues a registration certificate under
section 1547.54 of the Revised Code for a canoe, rowboat, or
inflatable watercraft that has not been numbered under section
1547.53 of the Revised Code, the chief also shall issue to the
applicant a tag not larger than three inches by six inches, with
distinguishing color coding and a number for identification
purposes. The owner of the canoe, rowboat, or inflatable
watercraft for which the registration certificate is issued shall
affix the tag securely to a location on the canoe, rowboat, or
inflatable watercraft as prescribed by rules adopted by the chief
under section 1547.52 of the Revised Code. (D) No person shall operate or permit to be operated any
watercraft on the
waters in this state in violation of this
section.
Sec. 1547.65. (A) A watercraft constructed on or after
November 1, 1972, shall have a hull identification number
permanently displayed and affixed to it in accordance with federal
law. (B) A watercraft constructed before November 1, 1972, shall
have a hull identification number assigned to it by the chief of
the division of watercraft at the time of registration, at the
time of application for title, after transfer of ownership, or at
the time of a change to this state as the principal location of
operation. The number shall be permanently displayed and affixed
as prescribed by rules adopted under section 1547.52 of the
Revised Code. (C) A person who builds a watercraft or imports a watercraft
from another country for personal use and not for the purpose of
sale shall request a hull identification number from the chief and
permanently display and affix the number as prescribed by rules
adopted under section 1547.52 of the Revised Code. (D) No person shall operate or permit to be operated any
watercraft on the waters in this state in violation of this
section.
Sec. 1547.99. (A) Whoever violates section 1547.91 of the
Revised Code is guilty of a felony of the fourth degree. (B) Whoever violates section 1547.10, division (I) of
section 1547.111, section 1547.13, or section 1547.66 of the
Revised Code is guilty of a misdemeanor of the first degree. (C) Whoever violates a provision of this chapter or a rule
adopted thereunder, for which no penalty is otherwise provided,
is
guilty of a minor misdemeanor. (D) Whoever violates section 1547.07 or 1547.12 of the
Revised Code without causing injury to persons or damage to
property is guilty of a misdemeanor of the fourth degree. (E) Whoever violates section 1547.07 or 1547.12 of the
Revised Code causing injury to persons or damage to property is
guilty of a misdemeanor of the third degree. (F) Whoever violates division (M) of section 1547.54,
division (G) of section 1547.30, or section 1547.131, 1547.25,
1547.33, 1547.38, 1547.39, 1547.40,
1547.65, 1547.69, or 1547.92
of the
Revised Code or a rule adopted under division (A)(2) of
section
1547.52 of the Revised Code is guilty of a misdemeanor of
the
fourth degree. (G) Whoever violates section 1547.11 of the Revised Code
is
guilty of a misdemeanor of the first degree and shall be
punished
as provided in division (G)(1), (2), or (3) of this
section. (1) Except as otherwise provided in division (G)(2) or (3)
of this
section, the
court shall sentence the offender to a term
of imprisonment of
three consecutive days and may sentence the
offender pursuant to
section 2929.21 of the Revised Code to a
longer term of
imprisonment. In addition, the court shall impose
upon the
offender a fine of not less than one hundred fifty nor
more than
one thousand dollars. The court may suspend the execution of the mandatory three
consecutive days of imprisonment that it is required to impose by
division (G)(1) of this section if the court, in
lieu of the
suspended term of
imprisonment, places the offender on probation
and requires the
offender to attend, for three consecutive days, a
drivers'
intervention program that is certified pursuant to
section
3793.10 of the Revised Code. The court also may suspend
the
execution of any part of the mandatory three consecutive days
of
imprisonment that it is required to impose by division
(G)(1)
of this section if
the court places the offender on probation for
part of the three
consecutive days; requires the offender to
attend, for that part
of the three consecutive days, a drivers'
intervention program
that is certified pursuant to section 3793.10
of the Revised
Code; and sentences the offender to a term of
imprisonment equal
to the remainder of the three consecutive days
that the offender
does not spend attending the drivers'
intervention program. The
court may require the offender, as a
condition of probation, to
attend and satisfactorily complete any
treatment or education
programs, in addition to the required
attendance at a drivers'
intervention program, that the operators
of the drivers'
intervention program determine that the offender
should attend
and to report periodically to the court on the
offender's progress
in the
programs. The court also may impose
any other conditions of
probation on the offender that it
considers necessary. (2) If, within five years of the offense, the offender has
been convicted of or pleaded guilty to one violation of section
1547.11 of the Revised Code, of a municipal ordinance relating to
operating a watercraft or manipulating any water skis, aquaplane,
or similar device while under the influence of alcohol, a drug of
abuse, or alcohol and a drug of abuse, of a municipal ordinance
relating to operating a watercraft or manipulating any water
skis,
aquaplane, or similar device with a prohibited
concentration of
alcohol in the blood, breath, or urine, of division
(A)(1) of
section 2903.06 of the Revised Code, or of division
(A)(2), (3),
or (4) of
section 2903.06 of the Revised Code
or former section
2903.06 or 2903.07 of the Revised Code in a case in which
the jury
or judge found that the offender was under the influence
of
alcohol, a drug of abuse, or alcohol and a drug of abuse, the
court shall sentence the offender to a term of imprisonment of
ten
consecutive days and may sentence the offender pursuant to
section
2929.21 of the Revised Code to a longer term of
imprisonment. In
addition, the court shall impose upon the
offender a fine of not
less than one hundred fifty nor more than
one thousand dollars. In addition to any other sentence that it imposes upon the
offender, the court may require the offender to attend a drivers'
intervention program that is certified pursuant to section
3793.10
of the Revised Code. (3) If, within five years of the offense, the offender has
been convicted of or pleaded guilty to more than one violation
identified in
division (G)(2) of this section,
the court shall
sentence the offender to a term of
imprisonment of thirty
consecutive days and may sentence the
offender to a longer term of
imprisonment of not more than one
year. In addition, the court
shall impose upon the offender a
fine of not less than one hundred
fifty nor more than one
thousand dollars. In addition to any other sentence that it imposes upon the
offender, the court may require the offender to attend a drivers'
intervention program that is certified pursuant to section
3793.10
of the Revised Code. (4) Upon a showing that imprisonment would seriously
affect
the ability of an offender sentenced pursuant to division
(G)(1),
(2), or (3) of this section to continue the offender's
employment,
the court may authorize that the offender be granted work release
from imprisonment after the offender has served the three, ten,
or
thirty consecutive days of imprisonment that the court is
required
by division (G)(1), (2), or (3) of this section to
impose. No
court shall authorize work release from imprisonment
during the
three, ten, or thirty consecutive days of imprisonment
that the
court is required by division (G)(1), (2), or (3) of
this section
to impose. The duration of the work release shall
not exceed the
time necessary each day for the offender to
commute to and from
the place of employment and the place of
imprisonment and the time
actually spent under employment. (5) Notwithstanding any section of the Revised Code that
authorizes the suspension of the imposition or execution of a
sentence or the placement of an offender in any treatment program
in lieu of imprisonment, no court shall suspend the ten or thirty
consecutive days of imprisonment required to be imposed by
division (G)(2) or (3) of this section or place an offender who
is
sentenced pursuant to division (G)(2) or (3) of this section
in
any treatment program in lieu of imprisonment until after the
offender has served the ten or thirty consecutive days of
imprisonment required to be imposed pursuant to division (G)(2)
or
(3) of this section. Notwithstanding any section of the
Revised
Code that authorizes the suspension of the imposition or
execution
of a sentence or the placement of an offender in any
treatment
program in lieu of imprisonment, no court, except as
specifically
authorized by division (G)(1) of this section, shall
suspend the
three consecutive days of imprisonment required to be
imposed by
division (G)(1) of this section or place an offender
who is
sentenced pursuant to division (G)(1) of this section in
any
treatment program in lieu of imprisonment until after the
offender
has served the three consecutive days of imprisonment
required to
be imposed pursuant to division (G)(1) of this
section. (H) Whoever violates section 1547.304 of the Revised Code
is
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. (I) Whoever violates division (B) or (C) of section
1547.49
of the Revised Code is guilty of a minor misdemeanor. (J) Whoever violates section 1547.31 of the Revised Code 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. (K) Whoever violates section 1547.05 or 1547.051 of the
Revised Code is guilty
of a misdemeanor of the fourth degree if
the violation is not related to a
collision, injury to a person,
or damage to property and a misdemeanor of the
third degree if the
violation is related to a collision, injury to a person,
or damage
to property. (L) The sentencing court, in addition to the penalty
provided
under this section for a violation of this chapter or a
rule adopted under it
that involves a powercraft powered by more
than ten horsepower and that, in
the opinion of the court,
involves a threat to the safety of persons or
property, shall
order the offender to complete successfully a boating course
approved by the national association of state boating law
administrators
before the offender is allowed to operate a
powercraft powered by more than
ten horsepower on the waters in
this state. Violation of a court order
entered under this
division is punishable as contempt under Chapter
2705. of the
Revised Code.
Sec. 4585.31. As used in sections 4585.31 to 4585.34 of
the
Revised Code, "owner of any property" or "owner of the
property"
means an owner, lessee, or
any other person entitled to
possession
of the property. The owner of any property on which a watercraft or outboard
motor valued at less than ten thousand dollars has been left for
six months without permission may sell the watercraft or motor at
public auction and recover
his
the owner's maintenance or repair
charges, including parts and labor charges and dockage or storage
charges,
if all of the following conditions are met: (A) The owner of the property applies for a search of the
records of the division of watercraft for the name and address of
the owner of the watercraft or motor and for a search for any
lien
or mortgage thereon;. (B) Upon receiving the results of the searches, the owner
of
the property sends notice by certified mail, return receipt
requested, to: (1) The last known address of the owner of the watercraft
or
motor, to remove the watercraft or motor; (2) Any lienholder or mortgagee, stating where the
watercraft or motor is located and any maintenance or repair
charges, including parts and labor charges and dockage or storage
charges. Unless the lienholder or mortgagee redeems the
watercraft or motor within forty-five days after the return
receipt is received by the sender, the lien or mortgage is
invalid. The lienholder or mortgagee may, to the extent of
his
the
lienholder's or mortgagee's previously secured interest,
assert a claim
for any amount deposited in the county treasury for
the watercraft or motor
pursuant to section 4585.33 of the Revised
Code. (C) The watercraft or motor remains unredeemed by the
owner,
lienholder, or mortgagee for forty-five days after the
return
receipts are recovered by the sender;. (D) The owner of the property requests
the chief of the
division of watercraft or his designee, an appointee
of the chief
who shall be a watercraft dealer
licensed
certified in accordance
with
section
1547.65
1547.543 of the Revised Code or an
independent marine
surveyor and appraiser, to appraise the
watercraft or motor and
secures
from the the chief or his designee
written confirmation that the fair market value of the watercraft
or motor is
less
than ten thousand dollars.
The chief or his
designee shall make such appraisal when requested and shall give
to the owner
of the
property written confirmation that the value
has been correctly
determined. (E) The owner of the property advertises that the
watercraft
or motor will be sold at public auction. The
advertisement of
sale shall be published once a week for two
consecutive weeks in
the auction section of a newspaper of
general circulation in the
county where the watercraft or motor
has been left without
permission. The advertisement shall
include a description of the
watercraft or motor, the name of the
owner, and the date, time,
and place of the sale. (F) An auction sale is conducted on the property where the
watercraft or motor was left without permission of the owner of
the property, at which the highest bidder is the purchaser of the
watercraft or motor. The owner of the property shall provide a
reasonable period of time prior to the sale for prospective
purchasers to examine the watercraft or motor. The owner of the
property may bid at the sale. (G) Immediately after the auction sale, the owner of the
property executes an affidavit in triplicate, on a form
prescribed
by the secretary of state and provided by the clerk of
courts,
stating: (1) That the requirements of this section have been met; (2) The length of time that the watercraft or motor was
left
on
his
the owner's property without permission, as of the
date of
the auction sale; (3) The expenses incurred by the owner of the property in
connection with the watercraft or motor as of the date of the
auction sale, including the expenses of conducting the sale and,
if the property is operated as a place of storage for charge, any
accrued dockage or storage charges and any maintenance or repair
charges, including parts and labor charges; (4) The name and address of the purchaser of the
watercraft
or motor at the auction sale and the amount of
his
the purchaser's
bid. (H) Upon payment of the bid price by the purchaser, the
owner of the property presents the affidavit in triplicate
required by division (G) of this section, the written
confirmation
of value required by division (D) of this section,
and the return
receipts required by division (B) of this section
to the purchaser
of the watercraft or motor.
Section 2. That existing sections 1547.01, 1547.25, 1547.53,
1547.531,
1547.54, 1547.542, 1547.57, 1547.99, and 4585.31 and
section 1547.62 of the Revised Code are hereby
repealed.
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