Code of Alabama

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33-5-70
Section 33-5-70 Reckless operation of vehicle; careless operation; violation of rules
and regulations of Marine Police; penalties. (a) It is unlawful to operate a vessel in a reckless
manner upon the waters of this state. A person is guilty of the reckless operation of a vessel
who operates any vessel, or manipulates any water skis, aquaplane, or other marine transportation
device, upon the waters of this state in willful or wanton disregard for the safety of persons
or property at a speed, or in a manner to endanger, or likely to endanger, life, limb, or
damage the property of, or injure any person. Any person who violates this subsection is guilty
of a Class A misdemeanor, punishable upon conviction as provided in Sections 13A-5-7 and 13A-5-12.
Any person so convicted shall be fined not less than one hundred fifty dollars ($150).
(b) Any person operating a vessel upon the waters of this state shall operate the vessel in
a reasonable and prudent manner, so as not to endanger...
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33-5-51
Section 33-5-51 Operation of personal watercraft. (a) As used in this section,
"personal watercraft" means a vessel which uses an inboard motor powering a water
jet pump as its primary source of motive power and which is designed to be operated by a person
sitting, standing, or kneeling on the vessel, rather than the conventional manner of sitting
or standing inside the vessel. (b) A person may not operate a personal watercraft on the waters
of this state, as waters are defined in Section 33-5-3, unless each person operating,
riding on, or being towed by the vessel is wearing a personal flotation device approved by
the United States Coast Guard, in accordance with rules and regulations by the Commissioner
of the Department of Conservation and Natural Resources. (c) A person operating a personal
watercraft on the waters of this state that does not have self circling capability, shall
have a lanyard type engine cutoff switch and must attach the lanyard to the person, clothing,
or...
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32-5A-191.3
Section 32-5A-191.3 Operation of vessel and other marine devices while under influence
of alcohol or controlled substances. (a) A person shall not operate or be in actual physical
control of any vessel, or manipulate any water skis, aquaplane, or any other marine transportation
device on the waters of this state, as the waters are defined in Section 33-5-3, under
any condition in which a person would be guilty of driving under the influence of alcohol
or drugs pursuant to Section 32-5A-191 if the person was driving or controlling a motor
vehicle. (b) In the case of a vessel or other marine device described in subsection (a), where
a law enforcement officer has probable cause to believe that the operator of the vessel or
other marine device is operating in violation of this section, the law enforcement
officer is authorized to administer and may test the operator, at the scene, by using a field
breathalyzer or other approved device, as a screening device, to determine if the operator...

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33-5-66
Section 33-5-66 Violations; penalties. (a) Any person of whom a boater safety certification
is required, who operates a motorized vessel on the waters of this state as the terms are
defined in Section 33-5-3, without first complying with this article, or the rules
and regulations promulgated, shall be guilty of a Class B misdemeanor, and, upon conviction
is punishable as provided in Sections 13A-5-7 and 13A-5-12. Any person so convicted shall
be fined not less than twenty-five dollars ($25). (b) Any person who knowingly gives permission
to operate a motorized vessel on the waters of this state, as the terms are defined in Section
33-5-3, to another person who is required to have a boater safety certification pursuant to
this article and who does not have a boater safety certification in compliance with this article,
or to another person required to be accompanied pursuant to this article and who is not accompanied
in compliance with this article, shall be guilty of a Class C...
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33-5-75
Section 33-5-75 Authority of Commissioner of Conservation and Natural Resources to cancel
certification or to suspend or revoke privilege of operating vessel; procedures. (a) The Commissioner
of Conservation and Natural Resources may cancel any boater safety certification upon determining
that the holder of the certification was not entitled to the issuance or that the holder failed
to give the correct or required information in the application for certification. Upon cancellation
the holder shall surrender the certification cancelled and any duplicate. A holder who refuses
to surrender the certification and any duplicate shall be guilty of a Class C misdemeanor,
punishable upon conviction as provided in Sections 13A-5-7 and 13A-5-12. (b) The privilege
of operating a vessel on the waters of this state, as defined in Section 33-5-3, shall
be subject to suspension or revocation by the commissioner in like manner and for like cause
as a boater safety certification may be suspended or...
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33-5-26
Section 33-5-26 Water skis and aquaplanes. (a) No person shall operate a vessel on any
waters of this state for towing a person or persons, on water skis, or an aquaplane or any
other recreational device, unless there is in the vessel a person, in addition to the operator,
who is at least 12 years of age and is observing and is capable of communicating to the operator
of the vessel the progress and safety of the person or persons being towed, or the vessel
is equipped with a wide angle mirror with a viewing surface of at least 78 square inches and
a field of vision of at least 170 degrees. (b) No person shall operate a vessel on any waters
of this state towing a person or persons on water skis, aquaplane or any other recreational
device, nor shall any person engage in water skiing, aquaplaning, or similar activity, at
any time between the hours from one hour after sunset to one hour before sunrise. (c) Subsections
(a) and (b) of this section do not apply to a performer engaged in a...
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33-5-22
Section 33-5-22 Safety equipment and lights; flags; capacity plate; flame arrestor,
etc., for carburetor. (a) Every vessel while being operated on the waters of this state shall
be equipped with reasonable safety devices and lights as may be required under regulations
promulgated by the Commissioner of Conservation and Natural Resources. No person shall operate
or give permission for the operation of a vessel which is not equipped as is required by rules
and regulations duly promulgated by the commissioner of the Department of Conservation and
Natural Resources. (b) All such safety equipment and safety lights required by this section
shall meet such standards as the Commissioner of Conservation and Natural Resources may from
time to time establish as minimum equipment, and all such safety equipment and safety lights
above the minimum requirements which are required by the rules and regulations of the Department
of Conservation and Natural Resources shall conform with specific standards...
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33-5-53
Section 33-5-53 Boater safety certification; application fee; examinations; exemptions.
(a) Every person who applies for a boater safety certification under this article, except
as otherwise provided in this subsection, shall pay a five dollar ($5) application fee and
be given either a certificate of exemption from examination if applicable, or will be given
an examination, either written or oral, before applying to the judge of probate or license
commissioner for the issuance of the certification. No person shall be eligible for, or issued,
an exemption from examination in the event the person is convicted, on or after April 28,
1994, of violating any crime relating to the operation of a vessel, whether contained in this
article or otherwise, for which a person's boater safety certification or vessel operating
privileges shall be suspended or revoked pursuant to this article. The person shall first
apply to either the officer, state trooper, or duly authorized agent of the Director of...

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33-5-62
Section 33-5-62 Rules and regulations; point system for suspension or revocation of
certifications. The Commissioner of Conservation and Natural Resources may establish and promulgate
reasonable rules and regulations, not in conflict with the laws of this state, concerning
operation of vessels and concerning the enforcement of this article. All fines collected shall
be deposited into the State Water Safety Fund. Specifically, but not by way of limitation,
the commissioner may establish, by regulation, in addition to all other penalties, a point
system by which boater safety certifications may be suspended or revoked, as well as hearing
procedures related to the suspension or revocation of certifications. Unless otherwise provided
by law, the penalty for the violation of any rules and regulations promulgated under this
article shall be a Class C misdemeanor punishable upon conviction as provided in Sections
13A-5-7 and l3A-5-12. A person so convicted shall be fined not less than fifty...
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2-6B-3
Section 2-6B-3 Nuisance exception requirements; evidence of nuisance. (a) A farm or
farm operation shall not be deemed to be or become a public or private nuisance for purposes
of Section 6-5-127, or any other law, or be deemed in violation of any municipal or
county ordinance or resolution heretofore or hereafter adopted declaring any farm or farm
operation a public or private nuisance other than zoning ordinances applicable thereto, if
the farm or farm operation meets all of the following requirements: (1) The owner of the land
or a partner, officer, director, or other principal thereof, does not act in a careless or
wrongful manner, engage in the improper operation of any farm or farm operation, or fail to
act or perform a legal obligation. (2) The owner of the land, or a partner, officer, director,
or other principal thereof, resides on the farm or actively participates in the operation
of the farm, or leases the farm to a person who resides on the farm or actively participates
in...
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