1501:31-5-03. Regulations prescribed for the use of watercraft on Berlin reservoir, situated in the counties of Mahoning, Portage and Stark

(A) The water of Berlin reservoir shall have five designated areas:

(1) All the waters lying between U.S. route 224 and the dam shall be designated as area one.

(2) All the waters lying between U.S. route 224 and the "N.Y.C. Railroad" bridge shall be designated as area two.

(3) All the waters lying between the "N.Y.C. Railroad" bridge and state route 14 shall be designated as area three.

(4) All the waters lying between state route 14 and state route 225 shall be designated as area four.

(5) All the remaining waters not included in paragraphs (A)(1), (A)(2), (A)(3), and (A)(4) of this rule lying westward of state route 225 shall be designated as area five.

(B) In area one, no person shall:

(1) Operate or use a boat within five hundred feet of the intake tower and crest gate in the dam at Berlin reservoir.

(2) Operate (start/run) or permit to be operated a motor other than an electric motor, to propel a boat within two thousand feet of the dam at Berlin reservoir.

(3) Engage in water-skiing or aquaplaning within two thousand feet of the dam at Berlin reservoir.

(4) Operate a watercraft within one hundred fifty feet of any developed shoreline in such a manner as to cause a wake of sufficient size or force to cause discomfort, injury or damage to any person, watercraft or property.

(5) No person shall operate a vessel at greater than idle speed or at a speed that creates a wake within three hundred feet of any marina, boat docking faccility, boat gasoline dock, launch ramp, reacreational boat harbor, or harbor entrance.

(C) In area two, it shall be unlawful:

For any person to operate a watercraft within one hundred fifty feet of any undeveloped shoreline in such a manner as to cause a wake of sufficient size or force to cause discomfort, injury or damage to any person, watercraft or property.

(D) In area three, it shall be unlawful:

For any person to operate a watercraft within one hundred fifty feet of any undeveloped shoreline in such a manner as to cause a wake of sufficient size or force to cause discomfort, injury or damage to any person, watercraft or property.

(E) In area four,it shall be unlawful:

(1) For any person to operate a watercraft within one hundred fifty feet of any undeveloped shoreline in such a manner as to cause a wake of sufficient size and force to cause discomfort, injury or damage to any person, warercraft or property.

(2) For any person to operate a watercraft within the area from state route 14 to a line of buoys located at the area known as Treasure Cove in such a manner as to cause a wake of sufficient size or force to cause discomfort, injury or damage to any person, watercraft or property.

(F) In area five, it shall be unlawful:

(1) For any person to operate, be in physical control, or manipulate any water-skis, or aquaplane, or for any person to operate a watercraft towing any person using water-skis, aquaplane or similar device at any time.

(2) For any person to operate a watercraft within one hundred fifty feet of any undeveloped shoreline in such a manner as to cause a wake of sufficient size to cause discomfort, injury or damage to any person, watercraft or property.

(G) It shall be unlawful for any person to operate a watercraft within one hundred feet of any bridge in such a manner as to cause a wake of sufficient size or force to cause discomfort, injury or damage to any person, watercraft or property.

(H) A "wake" as used in this rule shall be defined as a track left by a watercraft in the water causing waves or swells.

(I) All definitions set forth in rule 1501:31-1-02 of the Administrative Code shall apply to this rule.

(J) It shall be unlawful for any person to operate a watercraft at a speed greater than ten miles per hour from sunset to sunrise local time.

Five Year Review (FYR) Dates: 10/14/2020 and 10/14/2025
Promulgated Under: 119.03
Statutory Authority: 1531.06
Rule Amplifies: 1531.06
Prior Effective Dates: 05/01/1976, 01/02/1981, 06/01/1985, 12/01/1989, 06/07/1993, 02/01/2002

Prior History: (Five Year Review (FYR) Dates: 07/19/2016 and 07/19/2021
Promulgated Under: 119.03
Statutory Authority: 1531.06
Rule Amplifies: 1531.06
Prior Effective Dates: 05/01/1976, 01/02/1981, 06/01/1985, 12/01/1989, 06/07/1993, 02/01/2002)