Michigan Laws 324.44516 – Boat livery; annual inspection decal, plate, or tab; permit application; inspection fee; inspection by sheriff’s department; permit; issuance; display; powers and duties of department and conservation
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Terms Used In Michigan Laws 324.44516
- Boat livery: means a place of business or any location where a person rents or offers for rent any vessel other than a nonmotorized raft to the general public for noncommercial use on the waters of this state. See Michigan Laws 324.44501
- Department: means the director of the department of natural resources or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.301
- Department of natural resources: means the principal state department created in section 501. See Michigan Laws 324.301
- Equipment: means a system, part, or component of a vessel as originally manufactured, or a system, part, or component manufactured or sold for replacement, repair, or improvement of a system, part, or component of a vessel; an accessory or equipment for, or appurtenance to, a vessel; or a marine safety article, accessory, or equipment intended for use by an individual on board a vessel; but does not include radio equipment. See Michigan Laws 324.44501
- Livery boat: means a vessel, other than a nonmotorized raft, that is rented or offered for rent by a boat livery or a boat owner or his or her agent if the boat livery or boat owner or his or her agent relinquishes or offers to relinquish complete physical control of the vessel to the renter while retaining legal title to the vessel. See Michigan Laws 324.44501
- Navigable waters: means those waters of the state over which this state and the United States Coast Guard exercise concurrent jurisdiction, including the Great Lakes and waters connected to the Great Lakes, to the upstream limit of navigation as determined by the United States Army Corps of Engineers. See Michigan Laws 324.44501
- Navigable waters livery boat: means a livery boat other than a nonmotorized canoe or kayak that is more than 20 feet in length and is rented or offered for rent for use on navigable waters. See Michigan Laws 324.44501
- Operate: when used with reference to a vessel, means to start any propulsion engine or to physically control the motion, direction, or speed of the vessel. See Michigan Laws 324.44501
- Owner: when used in reference to a vessel, means a person who claims lawful possession of the vessel by virtue of legal title or an equitable interest in a vessel that entitles that person to possession of the vessel. See Michigan Laws 324.44501
- Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- Waters of the state: means any waters within the territorial limits of this state and includes those waters of the Great Lakes which are under the jurisdiction of this state. See Michigan Laws 324.44501
- Waterways account: means the waterways account of the Michigan conservation and recreation legacy fund provided for in section 2035. See Michigan Laws 324.44501
(1) A boat livery shall not rent a motorized livery boat unless the livery boat has a current annual inspection decal, plate, or tab as provided under section 44518.
(2) Regardless of whether the livery boats are motorized or nonmotorized, a person shall not operate a boat livery except as authorized by a permit issued pursuant to part 13. Subject to subsection (7), the owner of a boat livery shall submit an application for a boat livery permit to the sheriff’s department of the county where the boat livery is located. The application for a boat livery permit shall include all of the following:
(a) The boat livery name.
(b) The mailing address of the boat livery.
(c) The location of the boat livery.
(d) The waters of the state on which the boat livery rents vessels.
(e) The number of each of the following available for rent:
(i) Motorized livery boats, other than navigable waters livery boats.
(ii) Nonmotorized livery boats, other than navigable waters livery boats.
(iii) Navigable waters livery boats.
(3) An application for a boat livery permit shall be accompanied by an inspection fee of $100.00 for each navigable waters livery boat that the boat livery rents or offers to rent. A fee collected under this subsection shall be forwarded to the department of treasury to be credited to the marine safety subaccount of the waterways account. An inspection of a navigable waters livery boat shall be a comprehensive dockside inspection.
(4) If the boat livery rents or offers for rent 1 or more motorized livery boats, after the sheriff’s department receives an application for a boat livery permit under subsection (3), the county sheriff or a deputy sheriff shall inspect the motorized livery boats and associated equipment to determine if they meet the minimum safety standards established under rules promulgated under this part.
(5) A boat livery permit shall be issued if any of the following apply:
(a) One or more motorized livery boats and their associated equipment pass inspection under subsection (4).
(b) The boat livery rents or offers for rent 1 or more nonmotorized livery boats.
(6) A boat livery owner shall prominently display a boat livery permit issued under subsection (5) on the site of the boat livery. The permit expires on May 31 of the year following the year in which the permit is issued.
(7) The department and a conservation officer shall exercise the powers and perform the duties of the county sheriff’s department and a sheriff or deputy sheriff under this section and section 44518 under any of the following circumstances:
(a) If the county does not receive state aid under section 80117 to conduct a marine safety program.
(b) If the boat livery rents or offers to rent a navigable waters livery boat.
(8) The department of natural resources shall furnish boat livery permit application forms, blank boat livery permits, registration decals, and inspection decals, plates, or tabs to the sheriff’s department.