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As Passed by the House
122nd General Assembly
Regular Session
1997-1998 | Am. H. B. No. 502 |
REPRESENTATIVES DAMSCHRODER-WACHTMANN-JERSE-JOHNSON-VAN VYVEN-
O'BRIEN-OLMAN-GARCIA-WOMER BENJAMIN-HARRIS-SCHULER-OPFER-
TERWILLEGER-WILSON-CALLENDER-SALERNO-MASON-GRENDELL-
THOMAS-FORD-JONES-WINKLER-CORE
A BILL
To amend sections 1547.06 and 1547.99 and to enact sections
1547.05 and 1547.051 of the Revised Code to prohibit
a person born on or after January 1, 1982, from operating
powercraft powered by more than ten horsepower
unless the person successfully has completed a safe
boater course or proficiency examination and to make
other changes to
the law governing the operation of
powercraft.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1547.06 and 1547.99 be amended and
sections 1547.05 and 1547.051 of the Revised Code be
enacted to read as follows:
Sec. 1547.05. NO PERSON BORN ON OR AFTER
JANUARY 1, 1982, SHALL OPERATE ON
THE WATERS IN THIS STATE A POWERCRAFT POWERED BY MORE THAN TEN
HORSEPOWER, UNLESS THE OPERATOR SUCCESSFULLY HAS COMPLETED
EITHER A SAFE BOATER COURSE APPROVED BY THE NATIONAL ASSOCIATION
OF STATE BOATING LAW ADMINISTRATORS OR A PROFICIENCY EXAMINATION
THAT TESTS KNOWLEDGE OF INFORMATION INCLUDED IN THE CURRICULUM
OF SUCH A COURSE, AND HAS RECEIVED A CERTIFICATE AS EVIDENCE OF
SUCCESSFUL COMPLETION OF THE COURSE OR EXAMINATION.
Sec. 1547.051. A PERSON BORN ON OR AFTER
JANUARY 1, 1982, WHO IS
OPERATING ON THE WATERS IN THIS STATE A POWERCRAFT POWERED BY
MORE THAN TEN HORSEPOWER AND WHO IS STOPPED BY A LAW ENFORCEMENT
OFFICER IN THE ENFORCEMENT OF
CHAPTER 1547. OF THE
REVISED
CODE OR RULES ADOPTED UNDER IT
SHALL PRESENT TO THE LAW ENFORCEMENT OFFICER, NOT LATER THAN
SEVENTY-TWO HOURS AFTER BEING STOPPED, A CERTIFICATE OBTAINED BY
THE PERSON PURSUANT TO SECTION 1547.05 OF THE
REVISED
CODE PRIOR TO BEING STOPPED OR
PROOF OF HOLDING SUCH A CERTIFICATE. FAILURE OF THE PERSON TO
PRESENT THE CERTIFICATE OR PROOF OF HOLDING IT WITHIN
SEVENTY-TWO HOURS CONSTITUTES PRIMA-FACIE EVIDENCE OF A
VIOLATION OF SECTION 1547.05 OF THE REVISED CODE.
Sec. 1547.06. (A) Except as otherwise provided in this division,
no person under sixteen years of age shall operate a personal watercraft on
the waters in this state. A person who is not less than twelve, nor more than
fifteen years of age may operate a personal watercraft if a supervising person
eighteen years of age or older is aboard the personal watercraft AND, IN
THE CASE OF A SUPERVISING PERSON BORN ON OR AFTER JANUARY 1, 1982, IF
THE SUPERVISING PERSON HOLDS A CERTIFICATE OBTAINED UNDER SECTION 1547.05
of the Revised Code.
(B) No person under twelve years of age shall
operate any vessel
that is not a personal watercraft on the waters in this
state unless the person is under the direct visual and
audible supervision, during the operation, of a
person WHO IS eighteen years of age or
older AND, IN THE CASE OF SUCH A SUPERVISING PERSON BORN ON OR AFTER
JANUARY 1, 1982, WHO HOLDS A CERTIFICATE OBTAINED UNDER SECTION
1547.05 of the Revised Code. If the vessel is THIS DIVISION DOES NOT APPLY TO
A PERSONAL
WATERCRAFT, WHICH SHALL BE GOVERNED BY DIVISION (A) OF THIS SECTION,
OR TO a powercraft, OTHER THAN A PERSONAL WATERCRAFT,
powered by more than ten horsepower, the supervising person
WHICH shall be aboard the powercraft GOVERNED BY DIVISION
(C) OF THIS SECTION.
(C) NO PERSON UNDER TWELVE YEARS OF AGE SHALL OPERATE ON THE WATERS IN
THIS STATE A POWERCRAFT, OTHER THAN A PERSONAL WATERCRAFT, POWERED BY MORE
THAN TEN HORSEPOWER UNLESS THE PERSON IS UNDER THE DIRECT VISUAL AND AUDIBLE
SUPERVISION, DURING THE OPERATION, OF A PERSON EIGHTEEN YEARS OF AGE OR OLDER
WHO IS ABOARD THE POWERCRAFT AND, IN THE CASE OF SUCH A SUPERVISING PERSON
BORN ON OR AFTER JANUARY 1, 1982, WHO HOLDS A CERTIFICATE OBTAINED
UNDER SECTION 1547.05 of the Revised Code.
(D) No supervising person eighteen years of age or
older shall permit any person who is under the supervising
person's supervision and who is operating a vessel on the waters in this state
to violate any section of this chapter or a rule adopted under it.
Sec. 1547.99. (A) Whoever violates section 1547.91 of the
Revised Code is guilty of a felony of the fourth degree.
(B) Whoever violates section 1547.10, division (I) of
section 1547.111, section 1547.13, or section 1547.66 of the
Revised Code is guilty of a misdemeanor of the first degree.
(C) Whoever violates a provision of this chapter or a rule
adopted thereunder, for which no penalty is otherwise provided,
is guilty of a minor misdemeanor.
(D) Whoever violates section 1547.07 or 1547.12 of the
Revised Code without causing injury to persons or damage to
property is guilty of a misdemeanor of the fourth degree.
(E) Whoever violates section 1547.07 or 1547.12 of the
Revised Code causing injury to persons or damage to property is
guilty of a misdemeanor of the third degree.
(F) Whoever violates division (M) of section 1547.54,
division (G) of section 1547.30, or section 1547.131, 1547.25,
1547.33, 1547.38, 1547.39, 1547.40, 1547.69, or 1547.92 of the
Revised Code or a rule adopted under division (A)(2) of section
1547.52 of the Revised Code is guilty of a misdemeanor of the
fourth degree.
(G) Whoever violates section 1547.11 of the Revised Code
is guilty of a misdemeanor of the first degree and shall be
punished as provided in division (G)(1), (2), or (3) of this
section.
(1) Except as otherwise provided in division (G)(2) or (3) of this
section, the
court shall sentence the offender to a term of imprisonment of
three consecutive days and may sentence the offender pursuant to
section 2929.21 of the Revised Code to a longer term of
imprisonment. In addition, the court shall impose upon the
offender a fine of not less than one hundred fifty nor more than
one thousand dollars.
The court may suspend the execution of the mandatory three
consecutive days of imprisonment that it is required to impose by
division (G)(1) of this section if the court, in
lieu of the suspended term of
imprisonment, places the offender on probation and requires the
offender to attend, for three consecutive days, a drivers'
intervention program that is certified pursuant to section
3793.10 of the Revised Code. The court also may suspend the
execution of any part of the mandatory three consecutive days of
imprisonment that it is required to impose by division
(G)(1)
of this section if
the court places the offender on probation for part of the three
consecutive days; requires the offender to attend, for that part
of the three consecutive days, a drivers' intervention program
that is certified pursuant to section 3793.10 of the Revised
Code; and sentences the offender to a term of imprisonment equal
to the remainder of the three consecutive days that the offender
does not spend attending the drivers' intervention program. The
court may require the offender, as a condition of probation, to
attend and satisfactorily complete any treatment or education
programs, in addition to the required attendance at a drivers'
intervention program, that the operators of the drivers'
intervention program determine that the offender should attend
and to report periodically to the court on the offender's progress
in the
programs. The court also may impose any other conditions of
probation on the offender that it considers necessary.
(2) If, within five years of the offense, the offender has
been convicted of or pleaded guilty to one violation of section
1547.11 of the Revised Code, of a municipal ordinance relating to
operating a watercraft or manipulating any water skis, aquaplane,
or similar device while under the influence of alcohol, a drug of
abuse, or alcohol and a drug of abuse, of a municipal ordinance
relating to operating a watercraft or manipulating any water
skis, aquaplane, or similar device with a prohibited
concentration of alcohol in the blood, breath, or urine, or of
section 2903.06 or 2903.07 of the Revised Code in a case in which
the jury or judge found that the offender was under the influence
of alcohol, a drug of abuse, or alcohol and a drug of abuse, the
court shall sentence the offender to a term of imprisonment of
ten consecutive days and may sentence the offender pursuant to
section 2929.21 of the Revised Code to a longer term of
imprisonment. In addition, the court shall impose upon the
offender a fine of not less than one hundred fifty nor more than
one thousand dollars.
In addition to any other sentence that it imposes upon the
offender, the court may require the offender to attend a drivers'
intervention program that is certified pursuant to section
3793.10 of the Revised Code.
(3) If, within five years of the offense, the offender has
been convicted of or pleaded guilty to more than one violation of
section 1547.11 of the Revised Code, of a municipal ordinance
relating to operating a watercraft or manipulating any water
skis, aquaplane, or similar device while under the influence of
alcohol, a drug of abuse, or alcohol and a drug of abuse, of a
municipal ordinance relating to operating a watercraft or
manipulating any water skis, aquaplane, or similar device with a
prohibited concentration of alcohol in the blood, breath, or
urine, or of section 2903.06 or 2903.07 of the Revised Code in a
case in which the jury or judge found that the offender was under
the influence of alcohol, a drug of abuse, or alcohol and a drug
of abuse, the court shall sentence the offender to a term of
imprisonment of thirty consecutive days and may sentence the
offender to a longer term of imprisonment of not more than one
year. In addition, the court shall impose upon the offender a
fine of not less than one hundred fifty nor more than one
thousand dollars.
In addition to any other sentence that it imposes upon the
offender, the court may require the offender to attend a drivers'
intervention program that is certified pursuant to section
3793.10 of the Revised Code.
(4) Upon a showing that imprisonment would seriously
affect the ability of an offender sentenced pursuant to division
(G)(1), (2), or (3) of this section to continue the offender's
employment,
the court may authorize that the offender be granted work release
from imprisonment after the offender has served the three, ten,
or thirty consecutive days of imprisonment that the court is
required by division (G)(1), (2), or (3) of this section to
impose. No court shall authorize work release from imprisonment
during the three, ten, or thirty consecutive days of imprisonment
that the court is required by division (G)(1), (2), or (3) of
this section to impose. The duration of the work release shall
not exceed the time necessary each day for the offender to
commute to and from the place of employment and the place of
imprisonment and the time actually spent under employment.
(5) Notwithstanding any section of the Revised Code that
authorizes the suspension of the imposition or execution of a
sentence or the placement of an offender in any treatment program
in lieu of imprisonment, no court shall suspend the ten or thirty
consecutive days of imprisonment required to be imposed by
division (G)(2) or (3) of this section or place an offender who
is sentenced pursuant to division (G)(2) or (3) of this section
in any treatment program in lieu of imprisonment until after the
offender has served the ten or thirty consecutive days of
imprisonment required to be imposed pursuant to division (G)(2)
or (3) of this section. Notwithstanding any section of the
Revised Code that authorizes the suspension of the imposition or
execution of a sentence or the placement of an offender in any
treatment program in lieu of imprisonment, no court, except as
specifically authorized by division (G)(1) of this section, shall
suspend the three consecutive days of imprisonment required to be
imposed by division (G)(1) of this section or place an offender
who is sentenced pursuant to division (G)(1) of this section in
any treatment program in lieu of imprisonment until after the
offender has served the three consecutive days of imprisonment
required to be imposed pursuant to division (G)(1) of this
section.
(H) Whoever violates section 1547.304 of the Revised Code
is guilty of a misdemeanor of the fourth degree and also shall be
assessed any costs incurred by the state or a county, township,
municipal corporation, or other political subdivision in
disposing of an abandoned junk vessel or outboard motor, less any
money accruing to the state, county, township, municipal
corporation, or other political subdivision from that
disposal.
(I) Whoever violates division (B) or (C) of section
1547.49 of the Revised Code is guilty of a minor misdemeanor.
(J) Whoever violates section 1547.31 of the Revised Code is guilty of a
misdemeanor of the fourth degree on a first offense. On each subsequent
offense, the person is guilty of a misdemeanor of the third degree.
(K) WHOEVER VIOLATES SECTION 1547.05 of the Revised Code IS GUILTY
OF A MISDEMEANOR OF THE FOURTH DEGREE IF THE VIOLATION IS NOT RELATED TO A
COLLISION, INJURY TO A PERSON, OR DAMAGE TO PROPERTY AND A MISDEMEANOR OF THE
THIRD DEGREE IF THE VIOLATION IS RELATED TO A COLLISION, INJURY TO A PERSON,
OR DAMAGE TO PROPERTY.
(L) THE SENTENCING COURT, IN ADDITION TO THE PENALTY PROVIDED
UNDER THIS SECTION FOR A VIOLATION OF THIS CHAPTER OR A RULE ADOPTED UNDER IT
THAT INVOLVES A POWERCRAFT POWERED BY MORE THAN TEN HORSEPOWER AND THAT, IN
THE OPINION OF THE COURT, INVOLVES A THREAT TO THE SAFETY OF PERSONS OR
PROPERTY, SHALL ORDER THE OFFENDER TO COMPLETE SUCCESSFULLY A BOATING COURSE
APPROVED BY THE NATIONAL ASSOCIATION OF STATE BOATING LAW ADMINISTRATORS
BEFORE THE OFFENDER IS ALLOWED TO OPERATE A POWERCRAFT POWERED BY MORE THAN
TEN HORSEPOWER ON THE WATERS IN THIS STATE. VIOLATION OF A COURT ORDER
ENTERED UNDER THIS DIVISION IS PUNISHABLE AS CONTEMPT UNDER CHAPTER
2705. of the Revised Code.
Section 2. That existing sections 1547.06 and 1547.99 of the
Revised Code are hereby repealed.
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