Chapter 12.10
PUBLIC WHARVES
Sections:
12.10.020 Wharfmaster – Powers and duties.
12.10.030 Pollution of wharves and streams.
12.10.050 Using boat as residence prohibited.
12.10.070 Swimming or diving along Dress Plaza prohibited.
12.10.080 Damage to, tampering with property along Dress Plaza prohibited.
12.10.090 Glass containers at Dress Plaza prohibited.
12.10.100 Alcoholic beverages at Dress Plaza prohibited.
12.10.110 Endangering safety of others at Dress Plaza prohibited.
12.10.120 Launching and trailering of watercraft.
12.10.130 Dress Plaza marine safety plan.
12.10.010 Establishment.
There is established a public wharf along the Ohio River from Walnut Street, as extended, to Ingle Street, as extended, known and designated as Dress Plaza. The Board of Public Works shall have full power and authority over the public wharf for wharf purposes. The board shall also have the power to establish and maintain any other public wharves in the City as in its opinion public necessity requires, and shall have power to make reasonable rules and regulations pertaining to the use of the public wharves not contrary to the provisions of this code. [1962 Code § 939.01; 1982 Code § 95.01; 1983 Code § 9.95.01.]
12.10.020 Wharfmaster – Powers and duties.
There is created and established the office of Wharfmaster. The Wharfmaster shall be appointed by and serve at the pleasure of the Mayor. His compensation shall be fixed by the Mayor, not to exceed the amount appropriated therefor by the Common Council. The Wharfmaster shall be under the jurisdiction of the Board of Public Works, and shall be charged with the enforcement of the provisions of this chapter, the collection of the fees prescribed, and the performance of any other duties imposed on him by the board. The Wharfmaster shall also have power to cause all boats or rafts to move or lie at the wharves in the manner as may in his opinion best promote the convenience of all boats lying at or near, or coming to, the wharves, and shall in his discretion cause empty boats and small crafts to be removed to give place to other boats. [1962 Code § 939.02; 1982 Code § 95.02; 1983 Code § 9.95.02.]
12.10.030 Pollution of wharves and streams.
No person shall directly throw, dump, place, deposit, or cause or permit to be thrown, dumped, placed, or deposited, any garbage, refuse, vegetable matter, filth, dead animal, putrid or unwholesome substance, or the contents of any privy, water closet, catch basin, cesspool, or vault, into the Ohio River or on the margin or banks thereof, or into the water of any stream or watercourse or bank thereof in the City or within 10 miles of the City limits. [1962 Code § 939.03; 1982 Code § 95.03; 1983 Code § 9.95.03.]
12.10.040 Beaching craft.
No person shall sink or beach any flat boat, barge, or other craft whatever, or cause or permit the craft to be sunk or beached, at any point on any public wharf or any stream, creek, or watercourse within the City. Whenever any boat or craft is sunk or beached at such a point, the owner or claimant of the craft shall pay the fee required for landing for every day the boat or craft remains at the point along a public wharf, stream, creek, or watercourse. [1962 Code § 939.04; 1982 Code § 95.04; 1983 Code § 9.95.04.]
12.10.050 Using boat as residence prohibited.
No person shall anchor, harbor, or use any boat, skiff, barge, or other craft of any kind as a place of residence along the bank of the Ohio River, at any public wharf, at any place in Pigeon Creek, or at any other stream, creek, or watercourse in the City. The anchoring, harboring, or using of any boat or watercraft for this purpose is hereby declared to be a nuisance. It shall be the duty of the Police Department to cause any person anchoring, harboring, or using any boat or watercraft for residence purposes at any of these places to remove it immediately. If the person fails or neglects to do so, the Police Department shall remove the craft or cause it to be removed. [1962 Code § 939.05; 1982 Code § 95.05; 1983 Code § 9.95.05.]
12.10.060 Bathing prohibited.
No person shall bathe in the Ohio River in front of the City or by any public wharf, or in any stream, creek, or watercourse within the City. [1962 Code § 939.06; 1982 Code § 95.06; 1983 Code § 9.95.06.]
12.10.070 Swimming or diving along Dress Plaza prohibited.
No person shall dive, swim, bathe, or wade in the Ohio River along Dress Plaza, unless necessary while launching or removing a boat from the Ohio River. [Ord. G-82-39, passed 9-20-82. 1962 Code § 939.07; 1982 Code § 95.07; 1983 Code § 9.95.07.]
12.10.080 Damage to, tampering with property along Dress Plaza prohibited.
No person shall willfully mark, deface, disfigure, injure, tamper with, displace, or remove any building, bridge, table, bench, railing, paving or paving material, waterline or other public utilities or parts or appurtenances thereof, signs, notices, or placards, whether temporary or permanent, monuments, stakes, posts or other boundary markers, other structures or equipment, facilities, property, or appurtenances whatsoever, whether real or personal, located at Dress Plaza, without the permission of the Board of Public Works or the Wharfmaster. [Ord. G-82-39, passed 9-20-82. 1962 Code § 939.08; 1982 Code § 95.08; 1983 Code § 9.95.08.]
12.10.090 Glass containers at Dress Plaza prohibited.
No person shall bring into or have in his possession at Dress Plaza a glass container of any kind or nature. [Ord. G-82-39, passed 9-20-82. 1962 Code § 939.09; 1982 Code § 95.09; 1983 Code § 9.95.09.]
12.10.100 Alcoholic beverages at Dress Plaza prohibited.
No person shall consume any alcoholic beverage at Dress Plaza. [Ord. G-82-39, passed 9-20-82. 1962 Code § 939.10; 1982 Code § 95.10; 1983 Code § 9.95.10.]
12.10.110 Endangering safety of others at Dress Plaza prohibited.
No person shall endanger the safety of any person by any act or conduct at Dress Plaza. [Ord. G-82-39, passed 9-20-82. 1962 Code § 939.11; 1982 Code § 95.11; 1983 Code § 9.95.11.]
12.10.120 Launching and trailering of watercraft.
(A) For the purposes of this chapter, the following definitions shall apply:
“Trailering” means the act of retrieving a watercraft from the water regardless of the apparatus or device upon which the watercraft is to be hauled or placed.
“Watercraft” means any instrumentality or device in or by means of which a person may be transported upon the river including, but not limited to, a boat, motorboat, sailboat, rowboat, skiff, dinghy, canoe, vessel, motor vessel, jet ski or pontoon boat.
(B) No person shall leave unattended a motor vehicle, watercraft trailer or other device on the areas of Dress Plaza designated for launching watercraft.
(C) No person shall park a motor vehicle, secure a watercraft or otherwise block the launching areas of Dress Plaza except to launch or trailer their watercraft or when permission is granted as hereafter provided.
(D) On or about Dress Plaza, no person shall park a motor vehicle or trailer where prohibited, for a period of time longer than allowed or in any manner prohibited by signs or markings.
(E) The Board of Public Works is hereby authorized to regulate the following on and along Dress Plaza:
(1) Docking, launching, and trailering of watercraft;
(2) Parking of motor vehicles and trailers;
(3) The movement and speed of motor vehicles;
(4) The use of Dress Plaza by persons when necessary or desirable to accommodate a special event, restrict use due to high water, make repairs or improvements, or restrict use when otherwise necessary or desirable to promote public safety.
(F) Violation.
(1) It shall be a violation of this section for any person to act in a manner prohibited by this section.
(2) It shall be a violation of this section for any person to fail to comply with the requirements of posted signs implementing the directives of the Board of Public Works.
(G) Penalties and Enforcement.
(1) Any person who violates a provision of this section shall be subject to a fine of $25.00 for each offense.
(2) In addition to the fine(s) provided above, any person who leaves his motor vehicle, trailer, or watercraft in a position which blocks or partially blocks a roadway or a launching area may have such vehicle, trailer or watercraft towed or transported to a storage facility with all costs of towing or transportation and costs of storage paid for by the owner. [Ord. G-95-4, passed 5-1-95. 1983 Code § 9.95.12.]
12.10.130 Dress Plaza marine safety plan.
(A) Introduction. The Dress Plaza boat ramp, general public access, river viewing area and events plaza are all being reconstructed to repair and enhance the existing use. The Plaza provides a boarding ramp and area for participants in special events (such as Thunder on the Ohio). The Plaza will not be open to events that have not entered into a permit with the City of Evansville, State of Indiana, or with the concurrence of the United States Coast Guard (“USCG”).
(B) Purpose. The purpose of this plan is to promote the safe operation of watercraft in the proximity of Evansville’s Plaza. Procedures and systems defined in this plan are generally intended to:
(1) Encourage the safe handling of all watercraft in areas of the Ohio River that are adjacent to the Plaza. This specifically includes the section of the commercial navigation channel that extends in front of the Plaza.
(2) Prevent loitering, docking or anchoring in or near the commercial navigation channel in front of the Plaza.
(3) Encourage watercraft proceeding along the course of a narrow channel or fairway to keep as near to the outer limit of the channel or fairway which lies on the starboard side as is safe and practicable.
(4) Encourage watercraft of less than 20 meters in length or a sailing watercraft to not impede the passage of watercraft that can safely navigate only within a narrow channel or fairway.
(5) Encourage watercraft to not cross a narrow channel or fairway if such crossing impedes the passage of watercraft which can safely navigate only within that channel or fairway.
(6) Encourage watercraft to, if the circumstances of the case admit, avoid anchoring in a narrow channel.
(7) Encourage watercraft crossing a river to keep out of the way of a power-driven watercraft ascending or descending the river.
(8) Manage river traffic that might be drawn to the Plaza through public information/education and enforcement.
(9) Enhance the safe passage of authorized watercraft to and from the Plaza.
(10) Define the protocol for police enforcement, and the rules and regulations that will be applied in the waters adjacent to the Plaza.
The provisions of this plan apply to all watercraft which operate within the proximity of the Plaza. This plan is not intended to conflict with Federal, State of Indiana, or City of Evansville regulations. Any apparent conflict should be resolved in favor of Federal, State, and City regulations. Although this plan is designed to promote the safe operation of watercraft in the waters adjacent to the Plaza, the owner, operator, master, or person directing the movement of the watercraft remains at all times responsible for the manner in which the watercraft is operated and maneuvered, and is responsible for the safe navigation of the watercraft under all circumstances. Compliance with these rules and procedures is at all times contingent upon the exigencies of safe navigation.
Suggestions for improvements to this plan, or requests for clarifications may be submitted to:
Director of Public Works
Board of Public Works
City of Evansville
Civic Center
Evansville, Indiana 47708
(C) Police Presence and Enforcement.
(1) Enforcement Agency – Mission. The Evansville Police Department (“police”) will have primary law enforcement responsibility at the Plaza and adjacent waterways, in conjunction with the Wharfmaster. The police or Wharfmaster will enforce boating regulations in the proximity of the Plaza, restrict unauthorized watercraft from operating in the Plaza, and assist in the protection of Plaza property. The police will be based at the Civic Center, which is but a few blocks from the Plaza, and this area is regularly patrolled. Agreement has been reached with the City’s Fire Department for use of its two boats should the police, who can drive to the Plaza’s water’s edge, be unable to complete enforcement from the shoreline. The City of Evansville’s Fire Department’s rescue crafts are located downtown, and upon dispatch will be available in less than five minutes to serve the police to effect enforcement on the water as needed. The Fire Department’s current boats are:
(a) A 1990 16-foot Jonboat with a 25-horsepower motor and seating for four; and
(b) A 1993 Zodiac with a 30-horsepower motor that seats four.
This police and fire team will be regularly trained in response team procedures and responsibilities in numbers adequate to provide regular coverage of the Plaza area.
(2) Location of the Police. The police will be assigned the Plaza as they regularly patrol Evansville’s downtown. All parts of the Plaza are clearly accessible and visible for police monitoring from the elevated esplanade/flood wall above.
(3) Responsibility within the Plaza. The police will be notified of all watercraft which own licenses or have been given temporary permits for docking. The Patrol will be furnished with registration, insurance, and operator information for permitted watercraft temporarily docked at the Plaza. A complete letter of agreement with the Evansville Police Department will be obtained requesting that nonpermitted watercraft docking within the Plaza be cited, and that the proposed City ordinance concerning operations within the Plaza be enforced by the police.
(4) Responsibility within the Shoreline Area of the Plaza. Docking along shoreline areas of the Plaza will be prohibited and a no-wake zone will be established for recreational watercraft in the launching area, it being understood such no-wake zone shall be inapplicable to commercial watercraft transiting the area. Operation of watercraft along the shoreline will be limited to maintenance craft, recreational boats being loaded or unloaded from the ramp, or watercraft provided with a special use permit by the City of Evansville’s Board of Public Works (e.g., watercraft with a scientific, tourism, educational or maintenance mission).
(5) Special Events. Specific plans will be developed and implemented for special events that are likely to draw increased traffic in the vicinity of the Plaza. These plans will include a sufficient number of enforcement watercraft in the water, based on the projected size of the event to reasonably assure enforcement of the plan, consistent with the City’s past practice with the “Thunder on the Ohio” event. Staffing for the police will be supplemented as necessary, to provide safety and traffic control in the waters adjacent to the Plaza, by the Indiana Department of Natural Resources (“IDNR”) which pursuant to IC 35-41-1-1 has concurrent jurisdiction with the State of Kentucky. IDNR’s water patrol can be reached at (317) 232-4010.
(6) Applicable Enforcement Regulations. This plan provides details relating to the Indiana Code (“IC”) and Indiana Administrative Code (“IAC”) that establish police jurisdiction and penalties for violations of Indiana boating laws. Specific IC and IAC provisions that will be applied by law enforcement personnel in the prosecution of their duties within the waters adjacent to the Plaza are summarized. In addition to the IC and IAC that are discussed in this plan, the City of Evansville Board of Public Works (with the cooperation of Evansville’s City Attorney) and the Common Council of the City of Evansville will by City ordinance prohibit watercraft which have not secured a permit or license from docking at the Plaza, and will prohibit operators from loitering, anchoring or mooring (or beaching) their watercraft along the shoreline of the Plaza by ratifying and adopting this plan. Penalties for violations of such will, by said ratification and effective upon adoption of this plan, impose penalties comparable to those outlined for offenses listed below:
(a) Jurisdiction. Indiana Constitution Article 14, Sections 1 and 2 define the Plaza to be within the waters of the State of Indiana. The police have jurisdiction in the waters adjacent to the Plaza.
IC 8-10-5-8 provides the City of Evansville with the right to operate and control wharves and landings and, if desired, to fix and exact charges for their use and maintenance. The Plaza will be classified as such a landing.
IC 14-15-10-1 provides the police with the right to enter the waters of the State of Indiana, and provides them with the authority to make arrests and enforce boating laws.
IC 14-15-10-1 and 14-15-6-10 empower the police to issue citations requiring offenders of boating laws to appear in the Superior Court of Vanderburgh County.
(b) Penalties. The penalty for failure to operate watercraft in a reasonable and prudent manner as set forth herein shall be a Class C misdemeanor as defined by Indiana law, punishable by not more than 60 days imprisonment and a fine of not more than $500.00 as provided for in IC 14-15-12-13.
The penalty for operation of a motorboat while intoxicated as set forth herein shall be a Class A misdemeanor as defined by Indiana law, punishable by not more than one year of imprisonment and a fine of not more than $5,000.
The penalty for violation of any other regulations set forth herein shall be a Class C infraction as defined by Indiana law, punishable by a fine of not more than $500.00 as provided for in IC 14-15-12-13.
(c) Registration. Except as provided by IC 9-31-3-2, every motorboat operating in the waters adjacent to the Plaza shall be registered in accordance with the provisions of IC 9-31-3-1 et seq. Such watercraft operating in the waters adjacent to the Plaza must possess a current registration certificate. In accordance with IC 9-31-3-22, the police have the right to enter upon all boats for the purpose of inspecting their registration documents. Similarly, and in accordance with this plan and the proposed City ordinance, the police may enter upon any vessel docked or moored along the shoreline of the Plaza for the purpose of inspecting the permit or license authorizing it to dock or moor along the shoreline of the Plaza. Violation of the registration, permitting, and licensing requirements shall be a Class C infraction. IC 9-31-3-24.
(d) Safety Equipment. IC 14-15-2-2 through 14-15-2-4 elaborate on equipment regulations/authority listed in IC 14-15-2-1 et seq. This plan is designed to ensure that gasoline-powered watercraft are properly equipped to reduce the potential of fires or explosions.
(e) Lighting Equipment. IC 14-15-2-10 through 14-15-2-14 define specific lighting requirements for operations during the hours of darkness or poor visibility.
(f) Life Preservers. IC 14-15-2-6 defines specific requirements for the type and quantity of personal flotation devices (also prescribed by the USCG), generally required to be on board watercraft by IC 14-15-2-6.
(g) Overloaded Watercraft. IC 14-15-6-8 prohibits the overloading of watercraft beyond its safe carrying capacity, taking into consideration the weather and operating conditions, as generally identified in IC 14-15-6-8.
(h) Unsafe Operating Conditions. IC 14-15-10-1 and 14-15-3-5 allow the police to take steps to correct an unsafe condition on watercraft. The police have the authority to direct the operator to return to mooring and remain there until the situation creating the hazard has ended (or been corrected). IC 14-15-10-1 provides the basis for the police’s authority to enforce boating laws, and to arrest operators found violating these boating laws or other offenses against the State.
(i) Safety Standards – Negligent Operation of Watercraft. IC 14-15-3-2 and 14-15-3-3 require that all operators of watercraft do so in a careful and prudent manner, having due regard for the rights and safety of other persons, actual and potential conditions and hazards, including weather and traffic conditions.
IC 14-15-3-7 prohibits persons from operating a boat at a rate of speed greater than that which is reasonable and prudent under all attendant circumstances, and at a rate of speed greater than that speed which will safely allow the operator, in the exercise of reasonable care, to bring the vessel to a stop within the clear distance ahead.
IC 14-15-3-8 prohibits operators between the hours of sunset and sunrise from operating a boat at a speed greater than 10 miles an hour.
IC 14-15-8-8 prohibits any person from operating a boat while intoxicated, as defined by Indiana law as a person with a blood alcohol volume equivalent to or greater than one-tenth of one percent.
(j) Water Traffic – Rules of the Road. The IC furthers the objectives contained herein by setting the “rules of the road” to ensure fair, reasonable, equitable, and safe use of the State’s waters. These rules include, but are not limited to:
(i) Passing instructions (all directions) (IC 14-15-3-14).
(ii) Right-of-way instructions for all watercraft entering and exiting the Plaza (IC 14-15-3-14).
(iii) Right-of-way instructions for all watercraft approaching or departing from the shoreline area of the Plaza (IC 14-15-3-14).
(iv) Instructions not to operate in such a way or at speeds that may create a hazardous wake when approaching another vessel (IC 14-15-3-15).
(v) Instructions to operate watercraft at reasonable speeds for given situations, and to maintain complete vessel control at all times (IC 14-15-3-7).
(vi) Instructions regarding speed entering and exiting the Plaza (IC 14-15-3-17).
(vii) U.S. Department of Transportation/USCG Navigation Rules applicable to inland waters.
(D) Permitting Visiting Watercraft.
(1) General Requirements. Temporary permits will be issued to watercraft docking at the Plaza for special events, such as “Thunder on the Ohio,” and to participants in special events such as regattas (“visiting watercraft”). Such operators wishing to so utilize the Plaza facility must obtain a permit from the Board of Public Works. Commercial watercraft applying for a permit must meet all Federal and State licensing and the City of Evansville’s insurance requirements. Such operators must state in their application that they will not impede the navigation channel, the route of the M/V City of Evansville or recreational boaters in the area. Such noncommercial watercraft must be operated by personnel who have completed an approved boat safety operations course, conducted by the USCG Auxiliary, U.S. Power Squadron, State agency, or a recognized educational institution. All visiting watercraft must be adequately equipped to meet Federal, State, and local laws and regulations.
(2) Information Requirements. All temporary permit applicants for visiting watercraft must obtain a permit from the Board of Public Works. The application will at a minimum include:
(a) Vessel identifier, registration or licensure information.
(b) Vessel identification information and a complete description of the visiting watercraft.
(c) Explanation/description of the purpose of the visit, and the duration of stay.
(d) Watercraft operator insurance information (for applicants requesting visits exceeding 72 hours).
(e) Operator licensure information (or qualifications of noncommercial operators).
(f) Radio equipment capability of the visiting craft.
(g) Permittee agrees it will, along with the City, coordinate with the M/V City of Evansville as to whether said visit will affect cruises, and if so, how cruises will be adjusted so as to assure the safety of both watercraft.
(3) Right of Inspection while on Plaza Property. All visiting watercraft must submit to boarding and inspection by the police upon registration, or at any time during the permitted visit. Visiting watercraft may be required to submit to such an inspection if, in the opinion of the Board of Public Works, the apparent condition of the vessel indicates that a severe maintenance or defect condition may exist. Refusal to submit to such an inspection may be cause for termination of a permit. The inspection may include an inventory of safety equipment, or to verify permit application information.
(4) Application Procedures. Generally, applications for permits must be received by the Board of Public Works at least 30 days prior to the requested visit. Copies of applications will be furnished to the police and to the United States Coast Guard on request. Permits will not be issued for stays that exceed seven days in duration. Individuals or organizations wishing to apply for a permit may write to the Board of Public Works at the above address or may call (812) 436-4988.
(E) Condition of Watercraft Operating in the Plaza. All watercraft operating within the Plaza must be in safe mechanical and seaworthy condition. All watercraft must fully comply with Federal, State, and local regulations. All watercraft will submit to a boarding and inspection, including USCG Auxiliary Courtesy Examination.
(F) Communications. Telephone connections will be made available to the police and commercial operators, as well as marine band radio during special events. The police can be dispatched by calling 911 to report a violation hereof.
(G) Operation of the Plaza – Weather Conditions. The Plaza is designed for year-round operation when the Ohio River is ice-free, and when the river does not exceed the flood elevation of 353 feet (Ohio River Datum).
(H) On-Site Safety Systems and Equipment. Plaza lighting will be mounted so as to minimize glare and improve visibility during night operations and so as not to interfere with commercial watercraft navigating the area.
Although the Plaza will be the base of operations for the Evansville Fire Department’s boat (with integral pumping capability), the Plaza will have integral piping for fire suppression. Two-and-one-half-inch standpipes will be provided on the Plaza for fire hose connections.
(I) Signage. Signs will be posted at the Plaza warning of wake risks. The design and location of the signs will be submitted to the USCG for its approval.
(J) Public Education. In conjunction with the IDNR, the City will implement a proactive boating education and outreach effort that will include handbills and notices produced for distribution or display at participating local marinas, boat repair, ramp and fueling facilities, and at specific events designed for boaters (e.g., regattas and boat shows) prior to the opening of the Plaza. The handbills and notices will advise boaters about the Plaza’s safety plan, consistent with the diagram attached hereto as Exhibit “A,” and made a part hereof. A diagram of the Plaza’s launching and mooring area and list of boating safety practices to be employed by the recreational boater will be included in this education. Sessions for the communication of this outreach and education will be held with news coverage with enforcement officials available to answer questions further enhancing the free flow of these important public safety messages. Particular emphasis will be placed on the hazards of the shared use of the river with commercial craft, and the hazards of drinking and boating. During the boating season after opening, reminder notices (with a similar message) will be maintained at participating local marinas, marine fueling and marine repair facilities.
Prior to the opening of the Plaza, public service announcements will be requested from radio media, notifying the public of said safety rules. Notices will be placed in the Evansville Courier and Press for a week before the opening of the Plaza, and during every boating season of Plaza operation reminders will be included in all Plaza publicity for scheduled Plaza events.
(K) Insurance Requirements. Minimum insurance requirements will be established by the City’s legal or risk management departments for all watercraft that are issued licenses or temporary docking permits in the Plaza.
(L) Impact on Navigation.
(1) Detailed Description of Area. On the right bank of the Ohio River at Mile 792.2 in Evansville, Vanderburgh County, Indiana:
Latitude: 37-58-07
Longitude: 87-34-30
7.5 Minute Quad: Evansville South
(2) Routes Normally Taken by Tows Transiting the Area. Existing terminal operations and barge mooring sites on the right descending bank cause tows passing through the Evansville Bend to “favor” the inside of the turn. Meeting, passing and overtaking situations between tows are usually avoided between Miles 792 and 793.
(3) The Width of Navigable Channel Adjacent to Dress Plaza. The width of the nine-foot project depth channel through the Evansville Bend averages about 500 feet. The distance from the right descending shoreline to the preferred navigating line in the channel ranges from 500 feet to 1,500 feet, with a mean distance of 1,000 feet. Visiting watercraft that may be permitted, subject to and as provided above, including the Delta Queen Steamboat Companies – American Queen (420 feet by 90 feet), Mississippi Queen (382 feet by 75 feet) and Delta Queen (282 feet by 66 feet). Said visiting watercraft will, if permitted, subject to and as provided above, project approximately 120 feet or less into said channel.
(4) Frequency of High or Low Water and Its Impact on Navigation. Normal pool elevation of the Ohio River in Evansville is 342 feet above sea level. On average, pool elevation of the Ohio River in Evansville from December to March ranges from 349 feet above mean sea level to 356 feet above mean sea level, with an average maximum elevation of 374 feet above sea level. On average, during the rest of the year, pool elevation in Evansville ranges from 343 feet above sea level to 347 feet above sea level. See Ohio River at Evansville Elevation Duration Table for the period of October 1975 to September 1993, attached hereto as Exhibit “B” and made a part hereof.1 High water and the attendant high current velocity increase the risk of barge breakaways from fleeting areas and reduce the maneuverability of down-bound tows.
Exhibit A
Prototype Graphic for Public Education Flyer
Marine Safety Plan
Dress Plaza, Evansville
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DRESS PLAZA BOATING REGULATIONS |
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• Boat launching by City permit only. |
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• No mooring of boats against Dress Plaza wharf edge (short term passenger pick-up only adjacent to ramp). |
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• No mooring or loitering within the navigable commercial vessel channel as marked by centerline buoys. |
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Observe Safe Boating Practices When Boating on the Ohio River |
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• Know the Coast Guard regulations for the equipping and operating of boats on the Ohio River before venturing out. |
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• It is illegal to load a vessel beyond its nameplate capacity. |
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• It is illegal to moor to a navigational aid, buoy, or marker. |
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• It is illegal to moor in within the navigational channel. |
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• Give a clear berth to commercial vessels, avoid their wake and prop wash. |
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• Watch out for other boats, swimmers, and floating debris. |
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• Cruise at a no-wake speed between dawn and dusk. |
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• Know and observe rules of right-of-way. If in doubt, give way. |
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• Go out only if weather and water conditions suitable; check weather and marine forecasts. |
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• Operators of craft alert, sober, and ready. Passengers briefed on emergency procedures. |
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Equipment Checklist |
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• Check all mechanical systems before entering the river. |
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• Full fuel tanks, lines and tank in good condition. |
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• Motor and prop in good operating condition; prop free of weeds and debris. |
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• Light and horns working. |
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• Boat checked for leaks, bailed out, plug secure. |
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• All gear and supplies properly stowed and secure. |
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• Correct size and quantity of personal flotation devices. |
[Ord. G-2000-15, passed 6-21-00. 1983 Code § 9.95.13.]
12.10.140 Penalty.
Any person who violates any provision of this chapter shall be subject to the penalties set forth in EMC 1.05.180. [1982 Code § 95.99; 1983 Code § 9.95.99.]
Code reviser’s note: Exhibit B is on file with the City.