Chapter 439

2003 -- H 5160

Enacted 08/06/03

A N A C T

RELATING TO WATERS AND NAVIGATION - PERSONAL WATERCRAFT SAFETY ACT

Introduced By: Representatives Trillo, Long, Moffitt, Scott, and Ginaitt

Date Introduced: January 22, 2003

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.

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 section 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 section 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

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 section 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 section 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 trancends 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 section 46-23-15.1 regarding each town's joint jurisdiction over

such body of water.

SECTION 2. This act shall take effect upon passage.

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LC00849

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