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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