Chapter 253 |
2021 -- S 0963 Enacted 07/14/2021 |
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 |
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 that 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 that are less than three hundred (300) acres in size, or four hundred |
(400) feet (400’) in width; |
(2) Waterbodies upon which a tradition of swimming, shellfishing, fishing, paddle sports, |
or small craft rowing or sailing exist exists; |
(3) Waterbodies which that 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 section. |
(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 § 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 watercraft 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. |
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LC002990 |
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