2021 -- S 0963

========

LC002990

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

____________

A N   A C T

RELATING TO WATERS AND NAVIGATION -- PERSONAL WATERCRAFT SAFETY

ACT

     Introduced By: Senators Raptakis, Rogers, E Morgan, and Burke

     Date Introduced: June 17, 2021

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 46-27-2 of the General Laws in Chapter 46-27 entitled "Personal

Watercraft Safety Act" is hereby amended to read as follows:

     46-27-2. Regulation of personal watercraft.

     (a) No person shall operate a personal watercraft at any time between the hours from one-

half (1/2) hour after sunset to one-half (1/2) hour before sunrise; provided, that police and fire

department personnel on official duty may operate personal watercraft with proper equipment and

lighting and are exempted from the provisions of this subsection.

     (b) A personal watercraft must at all times be operated in a reasonable and prudent manner.

Maneuvers which unreasonably or unnecessarily endanger life, limb, or property, including, but

not limited to, weaving through congested vessel traffic, circling a larger vessel unreasonably or

jumping the wake of another vessel unreasonably, constitutes reckless operation of a vessel and are

prohibited.

     (c) No person under the age of sixteen (16) shall operate a personal watercraft on the waters

of the state unless an adult accompanies him or her or unless he or she has passed a department of

environmental management approved or United States Coast Guard approved safety course.

     (d) It is unlawful for the owner of any personal watercraft or any person having charge

over or control of a personal watercraft to authorize or knowingly permit the watercraft to be

operated by a person under sixteen (16) years of age in violation of this section unless the provisions

of subsection (c) are met.

     (e) No person shall operate a personal watercraft within two hundred feet (200') of

swimmers, divers, shore, or moored vessels, except at headway speed.

     (f) Personal watercraft, when launched from shore or returning to shore, must proceed

directly to the area where operation is allowed in a direction as near perpendicular as possible, not

in excess of headway speed.

     (g) No person shall operate a personal watercraft unless he or she and any passenger is

wearing a personal flotation device which is approved by the United States Coast Guard.

     (h) No person shall operate any personal watercraft in a reckless manner so as to endanger

the life, limb, or property of another.

     (i) No person shall operate any personal watercraft unless it is numbered in accordance

with § 46-22-4.

     (j) A person operating a personal watercraft equipped by the manufacturer with a lanyard-

type engine cutoff switch must attach the lanyard to his or her person, clothing, or personal flotation

device as appropriate for the specific vessel.

     (k) The towns of Charlestown and Westerly have joint jurisdiction over any waters that

transcend both jurisdictions, may enter into a binding memorandum pursuant to § 46-23-15.1, and

are hereby authorized to provide, by ordinance, regulations controlling the use of personal

watercraft within their jurisdictions. The ordinances may include a ban or limitation on operation

on:

     (1) Waterbodies which are less than three hundred (300) acres in size, or four hundred

(400) feet in width;

     (2) Waterbodies upon which a tradition of swimming, shellfishing, fishing, paddle sports,

or small craft rowing or sailing exist;

     (3) Waterbodies which can be demonstrated to be ecologically sensitive;

     (4) Waterbodies or portions of them surrounded or bordered by significant concentrations

of residential development;

     (5) Waterbodies where a history of powerboat regulation already exists; or

     (6) Waterbodies where navigational considerations due to congestion can be shown to

exist.

     (l) The department of environmental management shall review and grant final approval of

municipal regulations adopted pursuant to this subsection.

     (m) The town of Coventry is hereby authorized to provide, by ordinance, regulations

controlling the use of personal watercraft on Tiogue Lake. The ordinances may include a ban or

LC002990 - Page 2 of 4

limitation on operation on Tiogue Lake.

     (n) The towns of South Kingstown, Narragansett, Middletown and North Kingstown are

hereby authorized to provide, by ordinance, regulations controlling the use of personal watercraft

on any or all fresh or inland waters of this town. The ordinances may include a ban or limitation of

personal watercraft on any waters in this town. To the extent that any body of water may transcend

more than one of the towns set forth in this section, each town shall have joint jurisdiction over the

body or bodies of water and may enter into a binding memorandum pursuant to § 46-23-15.1

regarding each town's joint jurisdiction over the body or bodies of water.

     (o) The town of Narragansett is hereby authorized to provide, by ordinance, regulations

controlling the use of personal watercraft on any or all fresh or inland waters of this town. The

ordinances may include a ban or limitation of personal watercraft on any waters in this town. To

the extent that any body of water may transcend more than one of the towns set forth in this section,

each town shall have joint jurisdiction over the body or bodies of water and may enter into a binding

memorandum pursuant to § 46-23-15.1 regarding each town's joint jurisdiction over the body or

bodies of water.

     (p) The town of South Kingstown is hereby authorized to provide, by ordinance,

regulations controlling the use of personal water craft on Narrow River and Green Hill Pond. To

the extent that Narrow River transcends the towns of South Kingstown, North Kingstown, and

Narragansett, each town shall have joint jurisdiction over such body of water and may enter into a

binding memorandum pursuant to § 46-23-15.1 regarding each town's joint jurisdiction over such

body of water.

     (q) The town of West Greenwich is hereby authorized to provide, by ordinance, regulations

controlling the use of personal watercraft on any or all fresh or inland waters of this town. The

ordinances may include a ban or limitation of personal watercraft on any waters in this town.

     SECTION 2. This act shall take effect upon passage.

========

LC002990

========

LC002990 - Page 3 of 4

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO WATERS AND NAVIGATION -- PERSONAL WATERCRAFT SAFETY

ACT

***

     This act would authorize the town of West Greenwich to provide, by ordinance, regulations

controlling the use of personal watercraft on any or all fresh or inland waters of the town. The

ordinances may include a ban or limitation of personal watercraft on any waters in the town.

     This act would take effect upon passage.

========

LC002990

========

LC002990 - Page 4 of 4