Chapter 17 - Harbor and Vessels

21 December 2017

CHAPTER 17

 

HARBORS AND VESSELS

 

Art.  I                In General, Secs. 17-1--17‑24

Art. II                Operation of Watercraft on Kankakee River,

                         Secs. 17‑25-‑17‑31

 

ARTICLE I. IN GENERAL

 

Sec. 17‑01.      Jurisdiction.

 

The provisions of this chapter shall be in effect on the river waters lying within the jurisdiction of the City. (Code 1965, Sec. 8.02)

 

Sec. 17‑02.      Compliance with lawful authority.

 

No person shall willfully fail or refuse to comply with any reasonable order or direction of any river patrol officer or police officer invested by law or this chapter with authority to direct, control or regulatethe navigation upon the river. (Code 1965, Sec.8.03)

 

Sec. 17‑03.      Duties of River Patrol.

 

The River Patrol shall have police powers to enforce all laws, rules and regulations of the federal and state government and the provisions of this chapter pertaining to navigation on all navigable waters, and ponds within the limits of the City. (Code 1965, Sec.8.04)

 

*Editor's note‑To facilitate the inclusion of Ord. No.77‑5‑1, Secs.1‑‑7, adopted Aug.15,  1977, as Art.II, the provisions of Sec. 17-1--17‑13 have been designated as Art. I  by the editor. Former Sec. 17‑14, regulating speed of motorboats on Kankakee River, derived from Code 1965, Sec.8.21, has been deleted as superseded by Sec. 17‑26.

 

Cross reference ‑‑ Swimming in Kankakee River prohibited, Sec. 22‑22.

 

State law references-- Boats and harbors, Ill Rev. Stat.Ch.24, Sec. 11‑44‑1 et seq.; harbors for recreational use, Ch. 24, Sec. 11‑92‑1 et seq.; harbors and watercourses, Ch. 24, Sec. 11-104-1 et seq.; Boat registration and Safety Act, Ch. 95 1/2, Sec. 3-11-1 et seq.

 

 

Sec. 17‑04.      Reckless operation of vessels.

 

No person shall operate any vessel in a reckless or negligent manner so as to endanger the life, limb or property of any person. (Code 1965, Sec. 8.10)

 

Sec. 17‑05.      Lifesaving devices for motorboats/sailing vessels.

 

All motorboats and sailing vessels shall carry one coast guard approved life preserver, buoyant vest, ring buoy or buoyant cushion in good and serviceable condition for each person on board. (Code 1965, Sec. 8.11)

 

Sec. 17‑06.      Mufflers required.

 

All motorboats shall be equipped with and shall have mufflers in operation except when participating in authorized races when open mufflers are permitted. (Code 1965, Sec. 8.13)

 

Sec. 17‑07.      Sirens restricted.

 

The use of sirens is prohibited except on official police or River Patrol Boat. (Code 1965, Sec.8.14)

 

Sec. 17‑08.      Vessels Prohibited from certain areas.

 

No vessel shall be operated or used between the Schuyler Avenue Bridge and the River Dam except to save lives or for residents who permanently reside in the area listed above.

(Code 1965, Sec. 8.15; Ord. No. 85‑29, Sec. 17‑15‑85)

 

Sec. 17‑09.      Water skiing restricted.

 

Water skiing is prohibited at or near any harbor opening, and no person shall water ski within any boat harbor or from any boat harbor onto the river. (Code 1965, Sec. 8.16)

 

Sec. 17‑10.      Navigation between bridge piers.

 

No vessel shall enter between any bridge piers while any other vessel is between the same, and vessels navigating between the piers shall have the right‑of‑way over any other vessel approaching either from the front or the rear. (Code 1965, Sec. 8.17)

 

 

Sec. 17‑11.      Authority over races and regattas.

 

The River Patrol shall have jurisdiction of races and regattas and of the enforcement of rules and regulations thereof and shall see that boating areas are adequately patrolled and the provisions of this chapter are enforced. (Code 1965, Sec. 8‑18)

 

Sec. 17‑12.      Rowboat lights.

 

A rowboat shall carry a bright white light aft from sunset to sunrise which shall be exhibited in ample time to avert collisions. (Code 1965, Sec. 8‑19)

 

Sec. 17‑13.      Report of accidents.

 

The operator of any motorboat involved in an accident resulting in injury to or death of any person, or in injury to property, shall immediately stop such motorboat at the scene or as close thereto as possible and shall forthwith return to and remain at the scene or as near thereto as is practicable until he has given his name and address to the operator or occupant of, or persons attending any vessel collided with, and shall render to any persons injured in such accident reasonable assistance, including carrying or making arrangements for the carrying of such persons to a physician, surgeon, or hospital for medical or surgical treatment, if it is apparent that such treatment is necessary. (Code 1965, Sec. 8‑20).

 

 

Sec. 17-14--17-24.      Reserved.

           

ARTICLE II. OPERATION OF WATERCRAFTON KANKAKEE RIVER

 

Sec. 17‑25.      Definitions.

 

(a)        As used herein, the term "watercraft" shall include all vessels used to transport persons on or in water, regardless of how powered.

 

(b)        The term "Kankakee River" shall include that body of water commonly known as the Kankakee River lying within the corporate limits of the City of Kankakee and to a distance of not more than three (3) miles beyond such limits and shall include all tributaries and rivers within such distance and all harbors and slips adjacent thereto. (Ord. No. 77‑54, Sec. l, 8‑15‑77)

 

 

Sec. 17‑26.      Speed limit.

 

No person shall operate watercraft in or upon the Kankakee River at a speed in excess of forty (40) miles per hour except as part of an organized speed competition and in such case only during the hours designated therefore. (Ord. No. 77‑54, Sec. 2, 8- 15‑77)

 

Sec. 17‑27.      Equipment.

 

All watercraft shall be equipped with running lights and safety equipment in compliance with published regulations of the United States Coast Guard as in effect from time to time. (Ord. No. 77‑54, Sec. 3, 8‑15‑77)

 

Sec. 17‑28.      Operation on right side.

 

Watercraft shall be operated so that the operator shall keep to the right side of the river except when overtaking another watercraft or when entering or leaving a dock or slip. (Ord. No. 77‑54, Sec. 4, 8‑15‑77)

 

Sec. 17‑29.      Unused watercraft to be fastened to dock, etc.

 

All watercraft, when not in actual use or operation and when stored in the water, shall be securely fastened to a dock or pier or to a device firmly anchored in the ground adjacent to the water. Unattended watercraft found floating in the Kankakee River may be impounded and held by the River Police and shall be released only upon evidence of ownership and payment of charges for removal and storage. (Ord. No. 77‑54, Sec. 5, 8‑15‑77)

 

Sec. 17‑30.      Appointment of Deputy Marshals.

 

Not withstanding any other provisions of this Code, the Mayor and Council may select and appoint from time to time Deputy City Marshals who shall be deputized to enforce the provisions of this article. Such appointments shall be made in such numbers as the Mayor and Council shall from time to time deem necessary for the proper enforcement of this article. (Ord. No. 77‑54, Sec. 6, 8‑15‑77)

 

Sec. 17‑31.      Penalty for violation of article.

 

Any person convicted of an offense under this Section shall be fined not less than Fifty Dollars ($50.00) and not more than Five Hundred Dollars plus court costs.  Said fines may be paid within fourteen (14) days of the date of the Notice of Violation.  If not paid within said date of notice, said fine shall be increased to a minimum of One Hundred Dollars ($100.00) if paid within thirty (30) days of the date of Notice of Violation.  If not paid within thirty days, shall be in such amount not less than One Hundred Dollars and no more than Five Hundred Dollars ($500.00), as determined by the Administrative Adjudication Officer for the City of Kankakee, pursuant to Section 36-12 of this Code. (Ord. No. 77-54, Sec. 7, 7, 8-15-77;Ord. No 98-88, Sec. 17-31, 11-2-98).

 

 

 

 

HARBORS AND VESSELS

 

ARTICLE I. IN GENERAL                                                                                                       17

Authority over races and regattas.                                                                                 17 - 11

Compliance with lawful authority ‑ River Patrol                                                  17 - 02

Duties of river patrol.                                                                                                    17 - 03

Jurisdiction ‑ river within the City.                                                                                  17 - 01

Lifesaving devices for motorboats/sailing vessels.                                                          17 - 05

Mufflers required on boats                                                                                           17 - 06

Navigation between bridge piers.                                                                                17 - 10

Reckless operation of vessels.                                                                                      17 - 04

Report of accidents on river                                                                                        17 - 13

Rowboat lights.                                                                                                17 - 12

Sirens restricted on boats                                                                                              17 - 07

Vessels Prohibited from certain areas.                                                               17 - 08

Water skiing restricted.                                                                                     17 - 09

ARTICLE II. OPERATION OF WATERCRAFT ON KANKAKEE RIVER                   17

Appointment of Deputy Marshals.                                                                                 17 - 30

Definitions ‑ river ‑ boating etc.                                                                        17 - 25

Equipment required for boating                                                                         17 - 27

Operation on right side on river                                                                       17 - 28

Penalty for violation of article ‑ River patrol                                                            17 - 31

Speed limit ‑ Kankakee River                                                                                     17 - 26

Unused watercraft to be fastened to dock, etc.                                                17 - 29