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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
following offenses: (1) Manslaughter or homicide by vehicle or vessel resulting from the operation
of a vessel. (2) Any violation of Section 32-5A-191.3 which requires revocation. (3) Any offense
of any law or regulation for which mandatory revocation is required upon conviction. (4) Any
felony in the commission of which a vessel is used. (5) Failure to stop, render aid, or identify
the person as required under the laws of this state in the event of a boating accident resulting
in the death or personal injury of another. (6) Perjury or the making of a false
affidavit or statement under oath to the Director of Public Safety or Commissioner of Conservation
and Natural Resources under this article or under any other law or regulation relating to
the ownership or operation of vessels. (7) Conviction upon three charges of reckless or careless
operation of a vessel committed within a period of 12 months. (8) Unauthorized use of a vessel
belonging to another, which act does not amount to a...
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33-5-26
a professional exhibition or a person or persons participating in an official regatta, motorboat
race, marine parade, tournament, or exhibition. (d) No person except in jump buoys and like
objects used normally in competitive and recreational skiing shall operate or manipulate any
vessel, tow rope, or other device by which the direction or location of water skis, aquaplane,
or any other recreational device may be affected or controlled in a manner to cause the water
skis, aquaplane, or other recreational device, or any person thereon, to collide with or strike
against any object or person. (e) Subsection (a) shall not apply to personal watercraft
as defined in Section 33-5-51. (f) Any person who violates this section shall be guilty of
a Class B 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 dollars ($100). (Acts 1959,
No. 576, p. 1442, §24; Acts 1994, No. 94-652, p. 1243, §23.)...
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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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