USA Statutes : arizona
Title : Amusements and Sports
Chapter : BOATING AND WATER SPORTS
5-301 Definitions
In this chapter, unless the context otherwise requires:
1. "Commercial motorized watercraft" means a motorized watercraft that carries
passengers or property for a valuable consideration that is paid to the owner, charterer,
operator or agent or to any other person interested in the watercraft.
2. "Commission" means the ARIZONA game and fish commission.
3. "Department" means the ARIZONA game and fish department.
4. "Motorboat" means any watercraft that is not more than sixty-five feet in length
and that is propelled by machinery whether or not such machinery is the principal source
of propulsion.
5. "Motorized watercraft" means any watercraft that is propelled by machinery
whether or not the machinery is the principal source of propulsion.
6. "Operate" means to operate or be in actual physical control of a watercraft
while on public waters.
7. "Operator" means a person who operates or is in actual physical control of a
watercraft while on public waters.
8. "Person" includes any individual, firm, corporation, partnership or association,
and any agent, assignee, trustee, executor, receiver or representative thereof.
9. "Public waters" means any body of water which is publicly owned or which the
public is permitted to use without permission of the owner upon which a motorized
watercraft can be navigated, including that part of waters common to interstate
boundaries which is within the boundaries of this state.
10. "Revocation" means invalidating the certificate of number, numbers and annual
validation decals issued by the department to a watercraft and prohibiting the operation
of the watercraft on the waters of this state during a period of noncompliance with this
chapter.
11. "Sailboard" means any board of less than fifteen feet in length which is
designed to be propelled by wind action upon a sail for navigation on the water by a
person operating the board.
12. "Special anchorage area" means an area set aside and under the control of a
federal, state or local governmental agency, or by a duly authorized marina operator or
concessionaire for the mooring, anchoring or docking of watercraft.
13. "Underway" means that a watercraft on public waters is not at anchor, is not
made fast to the shore or is not aground.
14. "Undocumented watercraft" means any watercraft which does not have and is not
required to have a valid marine document as a watercraft of the United States.
15. "Wakeless speed" means a speed that does not cause the watercraft to create a
wake, but in no case in excess of five miles per hour.
16. "Watercraft" means any boat designed to be propelled by machinery, oars, paddles
or wind action upon a sail for navigation on the water, or as may be defined by rule of
the commission.
17. "Waterway" means any body of water, public or private, upon which a watercraft
can be navigated.
5-302 Application of chapter
A. The provisions of this chapter apply to all watercraft operating on all of the
waterways of this state, including that part of waters common to interstate boundaries
which is within the boundaries of this state, excluding vessels owned by agencies of the
federal government in performance of their official duties.
B. The provisions of section 5-391, subsections F and G and sections 5-329 and
5-393 apply to all watercraft in this state, whether or not operating on waterways of
this state, and includes watercraft operating on waterways that are part of water common
to interstate boundaries which are within the boundaries of this state.
5-311 Powers and duties of thecommission
A. The commission may:
1. Make rules and regulations required to carry out in the most effective manner
all the provisions of this chapter.
2. Modify the equipment requirements in conformity with the provisions of the
federal navigation laws or with the navigation regulations promulgated by the United
States coast guard.
3. Prescribe additional equipment requirements not in conflict with federal
navigation laws or regulations.
4. Provide for a uniform waterway marking system and establish, operate and
maintain aids to navigation and regulatory markers on the waters of this state.
5. Make regulations for the registration and operation of watercraft.
6. Prescribe regulations for the issuance of permits for motor boat races, regattas
or other watercraft events.
7. Administer the law enforcement and boating safety program on the state level,
and accept federal grants for the purpose of boating safety and related enforcement.
B. Regulations established under this section shall not be in conflict with those
prescribed by the United States coast guard.
5-321.01 Staggered watercraft registration; rules
A. The commission shall establish a system of staggered registration on a monthly
basis in order to distribute the work of registering watercraft as uniformly as
practicable throughout the twelve months of the calendar year.
B. All watercraft registrations provided for in this article expire in accordance
with the schedules established by the commission. The commission may set the number of
renewal periods within a month from one each month to one each day depending on which
system is most economical and best accommodates the public.
C. The commission, in order to initiate the staggered registration system, may
register a watercraft for a period of greater or less than twelve months up to a period
of eighteen months. If a registration period is set for a period other than twelve months
the commission may prorate the registration fee.
D. The commission shall adopt rules necessary to accomplish the purposes of this
section. 5-321 Numbering; registration fees; exemptionfrom taxation; penalty; procedures
A. Except as provided in section 5-322, the owner of each motorized watercraft
requiring numbering by this state shall file an application for a registration number
with the department, or its agent, on forms approved by the department. Except as
provided by rule adopted by the commission, the application shall be signed by the owner
of the motorized watercraft and shall be accompanied by a registration fee levied at the
following rates:
1. For a resident owner, defined as a person who owns a boat for which registration
is required and who is required to and does register motor vehicles owned by the person
in this state or, if no motor vehicle is owned by the person owning the boat, the person
is a resident as defined by section 28-2001, a registration fee as follows:
Twelve feet and less $20.00
Twelve feet one inch through sixteen feet $22.00
Sixteen feet one inch through twenty feet $30.00
Twenty feet one inch through twenty-six feet $35.00
Twenty-six feet one inch through thirty-nine feet $39.00
Thirty-nine feet one inch through sixty-four feet $44.00
Sixty-four feet one inch and over $66.00
2. For a nonresident owner, defined as any person who owns a boat for which
registration is required and who is not a resident owner as defined by this section, a
registration fee as follows:
Twelve feet and less $100.00
Twelve feet one inch through sixteen feet $110.00
Sixteen feet one inch through twenty feet $222.00
Twenty feet one inch through twenty-six feet $259.00
Twenty-six feet one inch through thirty-nine feet $292.00
Thirty-nine feet one inch through sixty-four feet $330.00
Sixty-four feet one inch and greater $495.00
B. Pursuant to article IX, section 16, constitution of ARIZONA, watercraft are
exempt from ad valorem property tax and from license taxes in lieu of property tax.
C. The length of the motorized watercraft shall be measured from the most forward
part of the bow excluding the bowsprit or jibboom, over the centerline to the rearmost
part of the transom excluding sheer, outboard motor, rudder, handles or other
attachments.
D. The commission may assess an additional registration fee, to be collected at the
same time and in the same manner as the registration fee imposed by subsection A,
paragraph 1 or 2 of this section. The amount of the additional fee shall be determined by
the commission and may be imposed in different amounts with respect to resident and
nonresident owners. An additional registration fee under this subsection is to be used
solely for the purpose of the lower Colorado river multispecies conservation program
under section 48-3713.03.
E. Upon receipt of the application in approved form with the applicable fees and
license tax, the department or its agent shall enter the application on the records of
its office and issue to the applicant two current annual decals and a certificate of
number stating the number issued to the watercraft and the name and address of the owner.
The owner shall display the assigned number and the current annual decals in such manner
as may be prescribed by rules of the commission. The number and decals shall be
maintained in legible condition. The certificate of number or commission approved proof
of valid certificate of number, except as provided in section 5-371, shall be available
at all times for inspection by a peace officer whenever the watercraft is in operation.
No number issued by another state or the United States coast guard, unless granted
exemption or exception pursuant to this chapter, shall be displayed on the watercraft.
F. No motorized watercraft shall be purchased, sold or otherwise transferred
without assignment by the owner of the current numbering certificate or other
documentation as may be prescribed by rules of the commission. Within fifteen days after
such transfer, the person to whom such transfer is made shall make application to the
department to have the motorized watercraft registered in the person's name by the
department, for which the department shall charge a transfer fee of four dollars. The
department shall not issue or transfer a numbering certificate for a motorized watercraft
to a person who is subject to the use tax under title 42, chapter 5, article 4 unless the
applicable tax has been paid as shown by a receipt from the collecting officer. Persons
doing business as marine dealers and licensed as such by this state are not required to
register in their name any watercraft in their possession that may be offered for resale.
G. In the event of the loss or destruction of the certificate of number or annual
decal, the department shall issue a duplicate to the owner upon payment of a fee of two
dollars.
H. The department may issue any certificate of number directly or may authorize any
person to act as agent for the issuance of the certificate of number in conformity with
this chapter and with any rules of the commission. An agent that contracts with the
commission to renew certificates of number by telecommunication may impose additional
fees for the services as provided in the contract.
I. The owner shall furnish to the department notice of the transfer of all or any
part of the owner's interest other than the creation of a security interest in a
motorized watercraft numbered in this state pursuant to the provisions of this chapter or
of the destruction or abandonment of such watercraft within fifteen days. Such transfer,
destruction or abandonment shall terminate the certificate of number of such watercraft,
except that in the case of a transfer of a part interest which does not affect the
owner's right to operate such watercraft, the transfer shall not terminate the
certificate of number.
J. Any holder of a certificate of number shall notify the department within fifteen
days if the holder's address no longer conforms to the address appearing on the
certificate and shall, as a part of such notification, furnish the department with the
holder's new address. The commission may provide in its rules for the surrender of the
certificate bearing the former address and its replacement with a certificate bearing the
new address or the alteration of an outstanding certificate to show the new address of
the holder.
K. On renewal of any motorized watercraft registration that has not been renewed by
the current expiration date, the department shall assess a penalty unless the watercraft
ownership has been transferred and the watercraft was not registered subsequent to the
expiration date. The commission shall establish the penalty which shall not exceed
fifteen dollars. If more than twelve months have lapsed since the expiration date of the
last registration or renewal the penalty and back fees are waived. 5-322 Motorized watercraft to be numbered;exceptions
A. All undocumented motorized watercraft whether underway, moored or anchored on
the waters within the boundaries of the state shall be numbered in accordance with this
chapter or rules of the commission in accordance with the federally approved numbering
system except:
1. Foreign watercraft temporarily using the waters of the state.
2. Military or public vessels of the United States, except recreational type public
vessels.
3. Watercraft used solely as lifeboats.
4. Undocumented watercraft operating under a valid temporary certificate issued
pursuant to rules adopted by the commission.
B. Motorized watercraft owned and operated exclusively by the state or by any
political subdivision of the state shall be numbered, but no registration fee shall be
paid on the watercraft.
C. All nonresident owners of motorized watercraft when in the course of interstate
operation displaying a current and valid number issued under an approved federal
numbering system of the United States coast guard, a state, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam or the District of Columbia shall register such watercraft
with the department prior to the expiration of the reciprocity period prescribed by rules
of the commission.
D. All nonresident-owned motorized watercraft, when in the course of interstate
operation and not required to be numbered in their state of principal use, shall comply
with the requirements of subsection C of this section.
E. Except as provided in subsection F of this section, any person who is a resident
of this state and who is the owner of a motorized watercraft shall number the watercraft
pursuant to section 5-321 prior to operating such watercraft on the waterways of the
state.
F. When this state becomes the new state of principal use of a motorized watercraft
displaying a current number issued under a federally approved numbering system, the
validity of such number shall be recognized for a period of ninety days. Upon expiration
of the ninety-day period and prior to any subsequent use, the owner shall number any
motorized watercraft pursuant to section 5-321.
G. Each dealer or manufacturer in this state engaged in the sale of motorized
watercraft using the watercraft for demonstration shall obtain one or more dealer
watercraft certificates of number with the current validating decals. Applications,
renewal and display of certificates of number shall be as prescribed in this chapter or
by rules of the commission, except that the annual fee will be two dollars fifty cents
for each certificate of number and accompanying current decals.
5-323 Disposition of fees
Each month monies received from the registration fees received under this chapter
for the numbering of watercraft shall be deposited, pursuant to sections 35-146 and
35-147, in a fund designated as the watercraft registration fee clearing account. Each
month, on notification by the department, the state treasurer shall distribute the monies
in the clearing account as follows:
1. All revenues collected from the registration fees collected pursuant to section
5-321, subsection A, paragraphs 1 and 2 shall be allocated as follows:
(a) Sixty-five per cent shall be deposited in a special fund to be known as the
watercraft licensing fund. The watercraft licensing fund is to be used by the department
for administering and enforcing this chapter and providing an information and education
program relating to boating and boating safety. These monies are subject to legislative
appropriation.
(b) Thirty-five per cent of such revenues shall be further allocated as follows:
(i) Fifteen per cent to the state lake improvement fund to be used as prescribed by
section 5-382.
(ii) Eighty-five per cent to the law enforcement and boating safety fund to be used
as prescribed by section 5-383.
2. All revenues collected from any additional registration fees collected pursuant
to section 5-321, subsection C shall be paid to an account designated by a multi-county
water conservation district established under title 48, chapter 22 to be used solely for
the lower Colorado river multispecies conservation program and for no other purpose. 5-324 Public records; identification ofrequester; supplying information by mail; records custodians;certification of records
A. All records of the department made or kept pursuant to this article are public
records.
B. The department shall furnish information or copies from the records kept
pursuant to this section subject to sections 39-121.01 and 39-121.03.
C. Persons requesting a copy of a public record pursuant to this section shall
identify themselves and state the reason for making the request. The department shall
verify the name and address of the person making the request by requiring the person to
produce necessary information to ensure that the information given is true and correct.
D. The department shall not divulge any information from a watercraft registration
record unless the person requesting the information provides the following:
1. The name of the owner.
2. The hull identification number of the watercraft.
3. The department issued number assigned to the watercraft.
E. The procedures required by subsections C and D of this section do not apply to:
1. This state or any of its departments, agencies or political subdivisions.
2. A court.
3. A law enforcement officer.
4. A licensed private investigator.
5. Financial institutions and enterprises under the jurisdiction of the department
of financial institutions or a federal monetary authority.
6. The federal government or any of its agencies.
7. An attorney admitted to practice in this state who alleges the information is
relevant to any pending or potential court proceeding.
8. An operator of a self-service storage facility located in this state who alleges
both of the following:
(a) That the watercraft on which the operator is requesting the record is in the
operator's possession.
(b) That the record is requested to allow the operator to notify the registered
owner and any lienholders of record of the operator's intent to foreclose its lien and to
sell the watercraft.
9. A towing company located in this state that alleges both of the following:
(a) That the watercraft on which the towing company is requesting the record is in
the towing company's possession.
(b) That the record is requested to allow the towing company to notify the
registered owner and any lienholders of record, if known, of the towing company's intent
to sell the watercraft.
F. The department may supply the requested information by mail or
telecommunications.
G. The director may designate as custodian of the department's public records those
department employees the director deems necessary. If a public record of the department
has been certified by a records custodian and authenticated as required under proof of
records (records of public officials), rules of civil procedure and the rules of evidence
for courts in this state, it is admissible in evidence without further foundation.
H. Notwithstanding subsection D of this section, information may be supplied for
commercial purposes, as defined in section 39-121.03, if the information is transmitted
in a machine readable form such as computer magnetic tape to the person making the
request.
I. The department shall maintain for a period of at least one year a file of
requests for information that shall be maintained by the name of the person whose record
was requested, except those requests made by government agencies.
5-325 Investment of temporary monies; earnedinterest
On notice from the commission, the state treasurer shall invest and divest monies in
the fund as provided by section 35-313, and monies earned from investment shall be
credited to the fund.
5-331 Personal flotation devices;exceptions
A. All watercraft, except sailboards, shall carry United States coast guard
approved personal flotation devices of the type and category prescribed by regulations of
the commission. There shall be one such device in good and serviceable condition for
each person on board and so placed as to be readily accessible for immediate use.
B. Any person being towed behind a watercraft shall wear a buoyant belt or personal
flotation device while being towed except for a performer engaged in a professional
exhibition.
C. A child twelve years of age or under on board a watercraft shall wear a United
States coast guard approved type I, II or III personal flotation device whenever the
watercraft is underway.
D. The provisions of subsection C shall not apply to small passenger vessels that
are not for hire on navigable waters, that maintain a coast guard certificate of
inspection and that are being operated by United States coast guard licensed pilots
within a distance of one-fourth mile from the nearest shore as a means of transporting
passengers and when the duration of time the vessel is underway on the water does not
exceed ten minutes.
5-332 Fire extinguishers
A. All watercraft, unless exempted by the commission, carrying as fuel any volatile
liquid having a flash point of one hundred ten degrees Fahrenheit or less shall have
aboard a readily accessible United States coast guard approved fire extinguisher in a
condition available for immediate and effective use.
B. All watercraft over twenty-six feet in length and carrying as fuel any volatile
liquid having a flash point of one hundred ten degrees Fahrenheit or less shall have
aboard such fire extinguishers as may be prescribed or approved by the regulations of the
United States coast guard.
5-333 Classification of watercraft;lights
A. Watercraft subject to the provisions of this chapter shall be divided into four
classes as follows:
1. Class A. Less than sixteen feet in length.
2. Class 1. Sixteen feet or over and less than twenty-six feet in length.
3. Class 2. Twenty-six feet or over and less than forty feet in length.
4. Class 3. Forty feet or over and not more than sixty-five feet in length.
B. Every motorboat, in all weather from sunset to sunrise, shall carry and exhibit
the following lights when underway and, during such time, no other lights which may be
mistaken for those prescribed shall be exhibited:
1. Every motorboat of classes A and 1 shall carry the following lights:
(a) A bright white light aft to show all around the horizon.
(b) A combined light in the fore part of the watercraft and lower than the white
light aft, showing green to starboard and red to port, so fixed as to throw the light
from right ahead to two points (22 1/2 o) abaft the beam on their respective sides.
2. Every motorboat of classes 2 and 3 shall carry the following lights:
(a) A bright white light in the fore part of the watercraft as near the stem as
practicable, so constructed as to show the unbroken light over an arc of the horizon of
twenty points (225 o) of the compass, so fixed as to throw the light ten points (112 1/2
o) on each side of the watercraft, namely, from right ahead to two points (22 1/2 o)
abaft the beam on either side.
(b) A bright white light aft, mounted higher than the white light forward, to show
all around the horizon.
(c) On the starboard side a green light so constructed as to show an unbroken light
over an arc of the horizon of ten points (112 1/2 o) of the compass, so fixed as to throw
the light from right ahead to two points (22 1/2 o) abaft the beam on the starboard
side. On the port side a red light so constructed as to show an unbroken light over an
arc of the horizon of ten points (112 1/2 o) of the compass, so fixed as to throw the
light from right ahead to two points (22 1/2 o) abaft the beam on the port side. The
side lights shall be fitted with inboard screens so set as to prevent these lights from
being seen across the bow.
3. Motorboats of classes A and 1 when propelled by sail alone shall exhibit the
combined light prescribed by paragraph 1 of this subsection and a twelve point (135 o)
white light aft. Motorboats of classes 2 and 3, when so propelled, shall exhibit the
colored side lights, suitably screened as prescribed by paragraph 2 of this subsection
and a twelve point (135 o) white light aft.
4. Every white light prescribed by this section shall be of such character as to be
visible at a distance of at least two miles. Every colored light prescribed by this
section shall be of such character as to be visible at a distance of at least one
mile. The word "visible" in this subsection, when applied to lights, shall mean visible
on a dark night with clear atmosphere.
5. When propelled by sail and machinery, every motorboat shall carry the lights
required by this section for a motorboat propelled by machinery only.
6. All other watercraft over sixty-five feet in length and those propelled solely
by wind effect on the sail shall display lights prescribed by the federal regulations.
C. Manually propelled watercraft shall carry, ready at hand, a lantern or
flashlight showing a white light which shall be exhibited in sufficient time to avert
collision. Manually propelled watercraft used on the waters of this state where power
driven watercraft are prohibited are exempt from the provisions of this section.
D. Any watercraft may carry and exhibit the lights required by the international
rules of the road as adopted by the federal regulations for preventing collisions at sea,
1960, federal act of September 24, 1963, (33 USC 1051-1053 and 1061-1064) as amended, in
lieu of the lights required by subsection B of this section.
E. All watercraft, when anchored, other than in a special anchorage area, shall,
from sunset to sunrise, carry and display a steady white light visible all around the
horizon for a distance of no less than two miles.
F. No watercraft may display a blue light of any size or type unless it is either
an authorized law enforcement watercraft of the federal, state or local government
actually engaged in the enforcement of this chapter or an emergency watercraft.
5-334 Flame arrestor
All watercraft using gasoline as fuel, except outboard motors, shall attach to the
carburetor or carburetors a backfire flame arrestor that is approved for marine use and
suitably secured to the air intake with flame tight connections, or any attachment to the
carburetor or the engine air induction system by means of which flames caused by engine
backfire will be dispersed to the atmosphere outside the watercraft in such a manner that
the flames will not endanger the watercraft, persons on board or nearby watercraft and
structures. All attachments shall be of a metallic construction with flame tight
connections and firmly secured to withstand vibration, shock and engine backfire.
5-335 Ventilation
A. All watercraft, except open boats, using as fuel any liquid of a volatile nature
shall be provided with such means for properly and efficiently ventilating the bilges of
the engine and fuel tank compartments so as to remove any explosive or flammable gases.
B. The regulations for ventilation shall be as prescribed by the United States
coast guard or as otherwise provided by the commission.
5-336 Muffling devices
A. Every motor driven watercraft shall at all times be equipped with effective
equipment, in good working order and in constant operation, to prevent excessive or
unusual noise except as provided in subsection C.
B. It is not the intent of this section to prohibit the use of any type of exhaust
system or exhaust device, including those systems and devices which do not discharge
water with the exhaust gases, if such system or device complies with subsection A of this
section.
C. All watercraft actually competing in a regatta, boat race or official trials for
speed records, and within the time limits authorized by the sanctioning body of such
event are exempt from this section. Permits designating place and time limits are
required and shall be issued by the department prior to the testing of watercraft on the
water when sufficient evidence is provided by the applicant that such watercraft is
actually entered in an event sanctioned by a national or regional organization having
jurisdiction over the event.
5-341 Negligent operation of watercraft orwater skis; restriction in operation of watercraft; violation;classification
A. No person shall operate a watercraft in a careless, reckless or negligent
manner.
B. A person shall not operate a watercraft while allowing a person to ride on the
gunwales, the transom or the decked over bow of a watercraft propelled by machinery
operating in excess of wakeless speed except if:
1. That portion of the watercraft was designed and constructed for the purpose of
carrying passengers at all speeds.
2. The watercraft is being maneuvered for anchoring, mooring or casting off
moorings.
C. No watercraft shall be operated with a passenger or passengers on the bow in
such a manner as to obstruct the view of the operator.
D. No person on water skis, a surfboard or a similar contrivance shall behave in a
careless, reckless or negligent manner.
E. Except in case of emergency no person under the age of twelve years may operate
a watercraft propelled by a motor of greater than eight horsepower unless the person's
parent or legal guardian or at least one person who is eighteen years of age or older is
present on the watercraft.
F. Except as provided in subsection E, it is unlawful for any person to allow
another person under the age of twelve to operate a motor-powered watercraft.
G. A person violating subsection A, B, C or D is guilty of a class 2 misdemeanor.
5-343 Speed restrictions; excessivewake
No person shall operate a watercraft in excess of the posted limit or at a speed
greater than is reasonable and prudent under the conditions and having regard to the
actual and potential hazards then existing. In every event, speed shall be so controlled
as may be necessary to avoid colliding with any person or other watercraft, swamping
other watercraft or otherwise endangering the lives or property of other persons.
5-344 Overloading
A. No watercraft shall be loaded and operated with passengers or cargo beyond its
safe carrying capacity or the limitations on the manufacturer's load capacity plate.
B. All new watercraft twenty feet in length and under designed to carry two or more
persons and to be propelled by machinery or oars, offered for sale or manufactured in the
state after January 1, 1971, shall have affixed permanently thereto a manufacturer's load
capacity plate in a location easily observed from the position designed or intended to be
occupied by the operator. Canoes and sailboats shall be exempt from the provisions of
this section.
C. The load capacity plate shall be certified by a licensed manufacturer or the
United States coast guard.
5-345 Navigation rules
A. The operator of a watercraft under power shall yield right-of-way to any craft
not under power, unless such nonpowered watercraft is overtaking a power craft.
B. The area from a point directly ahead to one hundred twelve and one-half degrees
of the compass to the starboard side of the watercraft shall be designated the danger
zone. Operators of the watercraft shall yield the right-of-way to any other watercraft
occupying or entering into this danger zone which may result in collision.
C. Operators of watercraft may pass on either side of any other watercraft
overtaken, but the passing operator shall be responsible for the wake of the watercraft
which might cause damage to overtaken watercraft or danger to occupants of overtaken
watercraft. The overtaken watercraft shall maintain course and speed until such time as
the overtaking watercraft is clear. Watercraft approaching head-on shall pass port side
to port side where practical to do so.
D. Normal traffic on the waterways of this state shall be
counterclockwise. Watercraft shall approach shoreline areas from the right and leave to
the left as observed from a point on the water looking toward the shore. Watercraft
leaving the shoreline area shall yield right-of-way to watercraft approaching the
shoreline area, notwithstanding the provisions of subsection B of this section.
E. Subsections A through D of this section shall not apply on any waterways of this
state where power driven watercraft are prohibited.
F. In every case, the operator of any watercraft shall use due caution to avoid an
accident or collision with another watercraft or person.
5-346 Water skiing
A. No watercraft which has in tow a person or persons on water skis, a surfboard or
similar contrivance shall be operated in or upon any waterway unless such watercraft
shall be occupied by at least two persons, an operator and an observer.
B. The operator shall observe other watercraft traffic, swimmers and hazards and
shall not tow a person or persons on water skis, a surfboard or similar contrivance so
close to other watercraft, swimmers or structures as to constitute a hazard to life or
limb of any person.
C. The observer shall continuously observe the person or persons being towed and
shall display a flag immediately after the towed person or persons falls into the water
and during the time preparatory to skiing while the person or persons are still in the
water. Such flag shall be a bright or brilliant orange or red color, measuring no less
than twelve inches on each side, mounted on a handle and displayed as to be visible from
every direction.
D. No watercraft operator shall have in tow a person or persons on water skis, a
surfboard or similar contrivance during the hours between sunset and sunrise.
5-347 Interference with navigation or launchingareas
A. No person shall unreasonably or unnecessarily interfere with other watercraft,
with the free and proper use of the waterways of the state or with areas used for
launching watercraft onto such waterways. Anchoring or swimming in heavily traveled
channels or launching areas shall constitute such interference.
B. No person shall camp or park any vehicle on any boat launching area or otherwise
restrict or prevent free access to any area.
5-348 Dumping refuse, rubbish or debris onwaterways
No person shall dump, deposit, place, throw or leave refuse, rubbish, debris, filthy
or odoriferous objects, substances or other trash on any waterways or the shorelines of
any waterways of the state.
5-349 Watercraft casualties; violation;classification
A. The operator of a watercraft involved in a collision, accident or other casualty
shall, to the extent the operator can do so without serious danger to the operator's own
watercraft or persons aboard, render all practical and necessary assistance to persons
affected to save them from danger caused by the collision, accident or casualty.
B. The operator of a watercraft involved in a collision, accident or other casualty
shall give the operator's name and address and the identification of the operator's
watercraft to any person injured and to the owners of any property damaged.
C. Whenever death or injury results from any watercraft collision, accident or
other casualty, a written report shall be submitted within forty-eight hours. For every
other collision, accident or other casualty involving property damage exceeding five
hundred dollars, a report shall be submitted within five days after the incident by the
operator or owner of the watercraft involved. Written reports shall be submitted directly
to the department for use in statistical studies for casualty prevention. Reports shall
not be used as evidence in any trial, civil or criminal, arising from any collision,
accident or other casualty. Upon request, a report shall be forwarded to the United
States coast guard or other authorized federal agency to be used in statistical studies
for casualty prevention.
D. To maintain uniformity, watercraft casualty reports shall be on a form approved
by the commission.
E. Every peace officer who, in the regular course of duty, investigates any
watercraft collision, accident or other casualty involving death or personal injury or
involving property damage exceeding five hundred dollars shall prepare and transmit a
report to the department pursuant to subsection C of this section.
F. If the operator of a watercraft is involved in a collision or accident that
results in death or serious physical injury, as defined in section 13-105, and the
operator fails to stop or comply with the requirements of subsection A of this section,
the operator is guilty of a class 5 felony. If the operator of a watercraft is involved
in a collision or accident that results in injury other than death or serious physical
injury and the operator fails to stop and comply with the requirements of subsection A of
this section, the operator is guilty of a class 6 felony. If the operator of a
watercraft is involved in a collision or accident that results only in damage to another
watercraft that is operated or attended by another person, and the operator fails to stop
and comply with the requirements of subsection B of this section, the operator is guilty
of a class 3 misdemeanor.
5-350 Personal watercraft; requirements foroperation; definition
A. A person shall not operate a personal watercraft unless each person aboard is
wearing a wearable personal flotation device that is approved by the United States coast
guard.
B. A person who operates a personal watercraft that is equipped by the manufacturer
with a lanyard type engine cutoff switch shall attach the lanyard to his body, clothing
or personal flotation device as appropriate for the specific watercraft.
C. A person shall not operate or knowingly allow another person to operate a
personal watercraft under his ownership or control in a reckless or negligent manner
endangering the life or property of another person. Prima facie evidence of reckless
operation exists if the person commits two or more of the following acts simultaneously:
1. Operates the personal watercraft within a zone of proximity to another
watercraft closer than sixty feet unless both are leaving a flat wake or are traveling at
a speed of five nautical miles per hour or less.
2. Operates the personal watercraft within the vicinity of a motorboat in a manner
that obstructs the visibility of either operator.
3. Heads into the wake of a motorboat that is within a zone of proximity closer
than sixty feet and causes one-half or more of the length of the personal watercraft to
leave the water.
4. Within a zone of proximity to another watercraft closer than sixty feet,
maneuvers quickly, turns sharply or swerves, unless the maneuver is necessary to avoid a
collision.
D. If equipped by the manufacturer, a person shall not operate a personal
watercraft without a functioning spring-loaded throttle mechanism that immediately
returns the engine to an idle speed on release of the operator's hand from the control or
without any other engine cutoff feature that is installed by the manufacturer.
E. A personal watercraft shall not be loaded and operated with passengers or cargo
beyond its safe carrying capacity or the manufacturer's recommended limits.
F. A person who owns, leases or hires a personal watercraft or who has charge or
control over a personal watercraft shall not authorize or knowingly permit the personal
watercraft to be operated in violation of this section.
G. This section does not apply to a performer who engages in a professional
exhibition or to a person who participates in an officially sanctioned regatta, race,
marine parade, tournament or exhibition.
H. For purposes of this section, "personal watercraft" means a watercraft that is
less than sixteen feet long, propelled by machinery powering a water jet pump and
designed to be operated by a person who sits, stands or kneels on rather than sitting or
standing inside the watercraft.
5-361 Uniform navigational marking of waters;intergovernmental agreements
A. No city, county or person shall mark the waters of this state in any manner in
conflict with the uniform navigational marking standards of waters as prescribed by the
commission or the United States coast guard.
B. On waters where the uniform state waterway marking system has been established
and maintained by a governmental agency, the commission may, upon request of such agency,
enter into agreements to assist with the maintenance of the system.
5-362 Diver flag
A red flag with white diagonal stripe from staffhead to opposite corner shall be
recognized as a diver flag and shall be displayed when a person or persons are actually
diving below the water surface and are equipped with apparatus to allow such person or
persons to breathe under water.
5-371 Boat liveries; requirements
A. The owner of a boat livery shall keep or cause to be kept a record of the name
and address of the person or persons hiring any watercraft which is designed or permitted
by him to be operated as a watercraft, the identification number thereof, the departure
date and time and the expected and actual time of return. Such record shall be preserved
for at least three months.
B. Neither the owner of a boat livery nor his agent or employee shall permit any
watercraft to be operated from his premises unless it shall have been provided, either by
the owner or renter, with the equipment required by this chapter.
C. The certificate of number for a watercraft less than twenty-six feet in length
that is leased or rented to a person for noncommercial use of less than twenty-four hours
may be retained on shore by the owner or his representative at the place from which the
watercraft departs or returns to the possession of the owner or his representative. A
watercraft which does not have the certificate of number on board shall be identified
while in use as may be prescribed by the regulations of the commission.
5-382 State lake improvement fund;administration; report
A. A state lake improvement fund is established. Monies deposited in the fund
shall be used only as provided in this section.
B. All monies in the state lake improvement fund are appropriated to the ARIZONA
state parks board solely for the purposes provided in this section. Interest earned on
monies in the fund shall be credited to the fund. Monies in the state lake improvement
fund are exempt from the provisions of section 35-190 relating to lapsing of
appropriations.
C. The ARIZONA state parks board shall administer the monies in the fund as
follows:
1. To fund staff support to plan and administer the state lake improvement fund and
the law enforcement and boating safety fund established pursuant to section 5-383 in
conjunction with other administrative tasks and recreation plans of the board.
2. To fund projects on waters where boats are permitted and shall be limited to the
following:
(a) Public launching ramps.
(b) Public piers, marinas or marina stadia.
(c) Public toilets, sanitation facilities and domestic waters.
(d) Public picnic tables and facilities.
(e) Public parking areas.
(f) Lake construction or improvement.
(g) Marking buoys and other safety facilities.
(h) Watercraft.
(i) Public campgrounds.
(j) Acquisition of real and personal property through purchase, lease, agreement or
otherwise for the purpose of providing access to waters where boating is permitted.
(k) Design and engineering projects.
D. Projects involving expenditure of monies from such fund may be accomplished by
the ARIZONA state parks board, by the ARIZONA game and fish commission, by the board of
supervisors of any county, or by the governing body of a city or town, provided such
projects do not interfere with any vested water rights, or the operation or maintenance
of water projects, including domestic, municipal, irrigation district, drainage district,
flood control district or reclamation projects. The ARIZONA outdoor recreation
coordinating commission, established under section 41-511.25, shall examine applications
for eligible projects, determine the amount of funding, if any, for each project and
submit a list of projects, subject to prior review by the joint committee on capital
review, to the ARIZONA state parks board for allocation from the fund. The
board shall annually report to the legislature the expenditures made for such projects
in conjunction with the report required by section 41-511.12.
E. State lake improvement funds may be used on projects where matching funds are
made available. 5-383 Law enforcement and boating safety fund;grants to counties
A. A law enforcement and boating safety fund is established that consists of monies
distributed to the fund pursuant to section 5-323. The monies are subject to legislative
appropriation. The ARIZONA state parks board shall administer the fund and establish and
adopt procedures for the allocation of the monies.
B. The board of supervisors of any county may apply for law enforcement and boating
safety fund grants from the ARIZONA outdoor recreation coordinating commission for the
ensuing fiscal year on forms provided by the ARIZONA outdoor recreation coordinating
commission.
C. The ARIZONA outdoor recreation coordinating commission may distribute grant
monies from the law enforcement and boating safety fund to counties that properly apply
to receive the monies. In allocating the monies the commission may consider the
following:
1. The adequacy of existing county boating safety programs that include accident
investigations.
2. The number of recreational days of use on water within the jurisdiction of the
counties in areas of administrative authority.
3. The surface acreage of water within the jurisdiction of the counties in areas of
administrative authority.
4. The county water safety record.
5. The ability of the county to constructively use additional monies.
6. The ratio of boating use to water surface within the jurisdiction of the
counties in areas of administrative authority.
7. The ability of participating counties to provide continued funding of the
program.
D. The monies distributed to a county shall be used by the law enforcement agencies
of the county solely for boating law enforcement, personnel, equipment and training.
E. A county that applies for monies pursuant to this section and that has a law
enforcement and boating safety program that was in existence before July 1, 1980 shall
match the monies received pursuant to this section by an equal amount for that county's
law enforcement and boating safety program.
5-391 Enforcement; violation;classification
A. Any person who violates any provision of this chapter, except section 5-341,
subsection A, B, C or D, section 5-349, section 5-350, subsection C, section 5-393,
5-395, 5-396 or 5-397 and subsection C, F or G of this section or any rule issued
thereunder, is guilty of a petty offense. Any person who violates section 5-350,
subsection C or subsection C of this section is guilty of a class 2 misdemeanor.
B. All peace officers of the state, counties and cities shall enforce the
provisions of this chapter and all laws and rules relating to the operation of
watercraft.
C. In the enforcement of this chapter, the operator of the watercraft upon being
hailed by any peace officer shall stop immediately and lay to, or maneuver in such a way
as to permit the peace officer to come aboard or alongside. The operator may be ordered
ashore to correct any unlawful condition, issued a written warning or written repair
order, or issued a citation for any violation of this chapter.
D. In the enforcement of this chapter, the provisions of sections 13-2506 and
13-3903 shall apply.
E. Each failure to obey an order or to comply with a warning order issued under the
provisions of subsection C of this section shall constitute a separate offense punishable
as a separate violation of this chapter.
F. A person is guilty of a class 6 felony who knowingly removes, defaces,
obliterates, changes, alters or causes to be removed, defaced, obliterated, changed or
altered a factory, engine, serial, outdrive, lower unit, power trim or hull
identification number or mark on a watercraft.
G. A person is guilty of a class 2 misdemeanor who:
1. Knowingly displays or has in his possession a fictitious, stolen, revoked or
altered certificate of number, department issued number or annual decal.
2. Lends to or knowingly permits the use of his certificate of number, department
issued number or annual decal on a watercraft for which those items have not been issued.
H. Upon receipt of notice of conviction of a person under subsection F or G of this
section, the department may revoke the numbers and decals issued to the watercraft which
was involved in the violation and any other watercraft owned by the person convicted.
5-392 Seizure and forfeiture ofwatercraft
A. Peace officers, in the manner provided in title 13, chapter 39:
1. May seize any watercraft and its trailer if the watercraft displays a
fictitious, falsified or altered number or annual decal, or an annual decal from which
the accountability or expiration numbers have been intentionally removed or partially
removed. This paragraph does not apply to a boat owner or an authorized agent who
removes decals or boat numbers for routine maintenance or repair.
2. May seize for forfeiture any watercraft which has had a manufacturer's hull
identification number, mark or label or any engine, outdrive, lower unit or power trim
number intentionally removed, partially removed, falsified or altered.
B. Allocation of watercraft seized for forfeiture pursuant to subsection A,
paragraph 2 of this section shall follow the provisions of section 13-4315, except that
if the forfeited property is sold by public or otherwise commercially reasonable sale the
expenses of keeping and selling the property and the amount of all valid interests
established by claimants shall first be paid out of the proceeds of the sale and the
balance shall be
DEPOSITED, PURSUANT TO SECTIONS 35-146 AND 35-147, in the state
general fund.
5-393 Inspection for stolen watercraft;violation; classification
A. For purposes of enforcing this chapter or locating stolen watercraft or parts of
watercraft, peace officers may inspect watercraft to examine the hull identification
number, manufacturer's label, outdrive, lower unit or power trim number, or the annual
decal or state issued number in a public marina, a storage, repair, sales, leasing or
rental lot or facility or a salvage yard or other similar location or establishment and
may inspect the registration, title and certificate of number of the watercraft to
establish the rightful ownership or possession of the watercraft.
B. Inspections shall be conducted at a time and in a manner so as to minimize any
unreasonable interference with or delay of the use of the watercraft or the operation of
the business where the watercraft is located.
C. A person who refuses to permit an inspection under this section is guilty of a
class 1 misdemeanor.
5-395.01 Operating or in actual physical control of a motorized watercraft while intoxicated; classification; penalties
A. A person who is convicted of a violation of section 5-395 is guilty of a class 1
misdemeanor. The person shall pay a fine of not less than two hundred fifty dollars. In
addition to any other penalties under this section, the judge shall order the person to
complete alcohol or other drug screening that is provided by a facility approved by the
department of health services or a probation department. If a judge determines that the
person requires further alcohol or other drug education or treatment, the person may be
required pursuant to court order to obtain alcohol or other drug education or treatment
under the court's supervision from an approved facility. The judge may review an
education or treatment determination at the request of the state or the defendant or on
the judge's initiative. The person shall pay the costs of the screening, education or
treatment unless the court waives part or all of the costs.
B. Except as provided in section 5-398.01, the court may suspend any imposed
sentence for a first violation of section 5-395 if the person completes a court ordered
alcohol or other drug screening, education or treatment program. If the person fails to
complete the court ordered alcohol or other drug screening, education or treatment
program and has not been placed on probation, the court shall issue an order to show
cause to the defendant as to why the remaining jail sentence should not be served.
C. A court may order a person sentenced pursuant to this section to perform
community restitution.
D. Notwithstanding subsection B of this section, if within a period of sixty months
a person is convicted of a second violation of section 5-395 or is convicted of a
violation of section 5-395 and has previously been convicted of an act in another state
that if committed in this state would be a violation of section 5-395, the person shall
be sentenced to serve not less than ninety days in jail, thirty days of which shall be
served consecutively, and the person is not eligible for probation or suspension of
execution of sentence unless the entire sentence has been served, except that the judge
may suspend at the time of sentencing all but thirty days of the sentence if the person
completes a court ordered alcohol or other drug screening, education or treatment
program. If the person fails to complete the court ordered alcohol or other drug
screening, education or treatment program and has not been placed on probation, the
court shall issue an order to show cause as to why the remaining jail sentence should
not be served. The judge shall order the person to pay a fine of not less than five
hundred dollars.
E. The dates of the commission of the offense are the determining factor in
applying the sixty month provision of subsection D of this section, irrespective of the
sequence in which the offenses were committed. A second violation for which a conviction
occurs as provided in this section shall not include a conviction for an offense arising
out of the same series of acts.
F. If a person is referred to a screening or treatment facility, that facility
shall report to the court whether the person has successfully completed the screening,
education or treatment program.
G. Any political subdivision processing or utilizing the services of a person
ordered to perform community restitution pursuant to this section does not incur any
civil liability to the person ordered to perform community restitution as a result of
these activities unless the political subdivision or its agent or employee acts with
gross negligence.
H. After a person who is sentenced pursuant to subsection B of this section has
served twenty-four consecutive hours in jail or after a person who is sentenced pursuant
to subsection D of this section has served forty-eight consecutive hours in jail and
after receiving confirmation that the person is employed or is a student, the court, on
pronouncement of any jail sentence under this section, may provide in the sentence that
the person may be permitted, if the person is employed or is a student and can continue
the person's employment or studies, to continue such employment or studies for not more
than twelve hours per day nor more than five days per week, and the remaining day, days
or parts of days shall be spent in jail until the sentence is served. The person shall be
allowed out of jail only long enough to complete the actual hours of employment or
studies and no longer.
I. A person who is sentenced pursuant to this section is eligible for a home
detention program pursuant to the provisions of section 9-499.07, subsections M through R
or section 11-459, subsections L through Q.
J. The court shall allow the allegation of a prior conviction or other pending
charge of a violation of section 5-395 filed twenty or more days before the date the case
is actually tried and may allow the allegation of a prior conviction or other pending
charge of a violation of section 5-395 filed any time before the date the case is
actually tried, provided that when the allegation is filed this state must make available
to the defendant a copy of any information obtained concerning the prior conviction or
other pending charge. Any conviction may be used to enhance another conviction
irrespective of the dates on which the offenses occurred within the sixty month
provision.
K. If a person is placed on probation for violating section 5-395, the probation
shall be supervised unless the court finds that supervised probation is not necessary or
the court does not have supervisory probation services.
L. Persons who are convicted pursuant to section 5-395 shall pay an additional
assessment of five hundred dollars or, if the person is convicted of a second violation
pursuant to subsection D of this section, shall pay an additional assessment of one
thousand two hundred fifty dollars to be deposited by the state treasurer in the prison
construction and operations fund established by section 41-1651. These assessments are
not subject to any surcharge. If the conviction occurred in the superior court or a
justice court, the court shall transmit the assessed monies to the county treasurer. If
the conviction occurred in a municipal court, the court shall transmit the assessed
monies to the city treasurer. The city or county treasurer shall transmit the monies
received to the state treasurer.
M. Persons convicted pursuant to section 5-395 shall pay an additional assessment
of five hundred dollars or for a second violation pursuant to subsection D of this
section shall pay an additional assessment of one thousand two hundred fifty dollars to
be deposited by the state treasurer in the state general fund. These assessments are not
subject to any surcharge. If the conviction occurred in the superior court or a justice
court, the court shall transmit the assessed monies to the county treasurer. If the
conviction occurred in a municipal court, the court shall transmit the assessed monies to
the city treasurer. The city or county treasurer shall transmit the monies received to
the state treasurer.
5-395.02 Admissibility of breath test or other records; adoption of rules for tests; permits
A. The results of a breath test administered for the purpose of determining a
person's alcohol concentration as defined in section 5-395 are admissible as evidence in
any trial, action or proceeding on establishing the following foundational requirements:
1. The test was performed using a quantitative breath testing device approved by
the department of health services. A properly authenticated certification by the
department of health services is sufficient to establish this requirement.
2. The operator who conducted the test possessed a valid permit issued by the
department of health services to operate the device used to conduct the test.
3. Duplicate tests were administered and the test results were within 0.02 alcohol
concentration of each other or an operator observed the person charged with the
violation for twenty minutes immediately preceding the administration of the test.
4. The operator who conducted the test followed an operational checklist approved
by the department of health services for the operation of the device used to conduct the
test. The testimony of the operator is sufficient to establish this requirement.
5. The device used to conduct the test was in proper operating condition. Records
of periodic maintenance that show that the device was in proper operating condition at a
time before and after the test are admissible in any proceeding as prima facie evidence
that the device was in proper operating condition at the time of the test. Such records
are public records.
B. Compliance with subsection A of this section is the only requirement for the
admission in evidence of a breath test result.
C. Records that may be obtained or are otherwise maintained pursuant to section
28-1327 are admissible as evidence in any trial, action or proceeding.
5-395.03 Test for alcohol concentration or drug content; refusal; civil penalty
A. Any person who operates a motorized watercraft that is underway within this
state shall submit, subject to section 4-244, paragraph 34, section 5-395 or section
5-396, to a test or tests of the person's blood, breath, urine or other bodily substance
for the purpose of determining alcohol concentration or drug content if the person is
arrested for any offense arising out of acts alleged to have been committed in violation
of this chapter or section 4-244, paragraph 34 while the person was operating or in
actual physical control of a motorized watercraft that was underway while under the
influence of intoxicating liquor or drugs. The test or tests chosen by the law
enforcement agency shall be administered at the direction of a law enforcement officer
having reasonable grounds to believe the person to have been operating or in actual
physical control of a motorized watercraft that is underway within this state while under
the influence of intoxicating liquor or drugs, or if the person is under twenty-one years
of age, with spirituous liquor in the person's body.
B. Following an arrest a violator shall be requested to submit to and successfully
complete any test or tests prescribed by subsection A of this section, and if the
violator refuses the violator shall be informed that the violator is subject to a civil
penalty.
C. A person who refuses any test or tests prescribed by subsection A of this
section is subject to a civil penalty of seven hundred fifty dollars and shall pay an
additional civil penalty of five hundred dollars to be deposited by the state treasurer
in the prison construction and operations fund established by section 41-1651. The
additional civil penalty of five hundred dollars is not subject to any surcharge. If the
additional civil penalty is imposed by the superior court or a justice court, the court
shall transmit the amount collected for the additional civil penalty to the county
treasurer. If the additional civil penalty is imposed by a municipal court, the court
shall transmit the amount collected for the additional civil penalty to the city
treasurer. The city or county treasurer shall transmit the monies received pursuant to
this subsection to the state treasurer.
D. If a person under arrest refuses to submit to the test designated by the law
enforcement agency as provided in subsection A of this section none shall be given,
except as provided in section 5-395, subsection J or pursuant to a search warrant.
5-395.04 Preliminary breath tests; authority
A. A law enforcement officer who has reasonable suspicion to believe that a person
has committed a violation of section 5-395 may request that the person submit to a
preliminary breath test or tests before an arrest.
B. In addition to a breath test or tests the officer may require that the person
submit to further testing pursuant to section 5-395.03.
C. The director of the department of health services shall adopt rules prescribing
the approval of quantitative preliminary breath testing devices.
5-395 Operating or in actual physical controlof a motorized watercraft while intoxicated; violation;classification; definition
A. It is unlawful for any person to operate or be in actual physical control of a
motorized watercraft that is underway within this state under any of the following
circumstances:
1. While under the influence of intoxicating liquor, any drug, a vapor releasing
substance containing a toxic substance or any combination of liquor, drugs or vapor
releasing substances if the person is impaired to the slightest degree.
2. If the person has an alcohol concentration of 0.08 or more within two hours of
operating or being in actual physical control of the motorized watercraft and the alcohol
concentration results from alcohol consumed either before or while operating or being in
actual physical control of the motorized watercraft.
3. While there is any drug as defined in section 13-3401 or its metabolite in the
person's body.
4. If the motorized watercraft is a commercial motorized watercraft and the person
has an alcohol concentration of 0.04 or more.
B. It is not a defense to a charge of a violation of subsection A, paragraph 1 of
this section that the person is or has been entitled to use the drug under the laws of
this state. A person using a drug prescribed by a medical practitioner licensed pursuant
to title 32, chapter 7, 11, 13 or 17 is not guilty of violating subsection A, paragraph 3
of this section.
C. The state shall not dismiss a charge of violating this section for either of the
following:
1. In return for a plea of guilty or no contest to any other offense by the person
charged with the violation of this section.
2. For the purpose of pursuing any other misdemeanor or a petty offense, including
those arising out of the same event or course of conduct, unless there is clearly an
insufficient legal or factual basis to pursue the charge of violating this section.
D. In any prosecution for a violation of this section the state, for the purpose of
classification and sentencing pursuant to section 5-395.01 or 5-396, shall allege all
prior convictions of violating this section occurring within the past thirty-six months,
unless there is clearly an insufficient legal or factual basis to do so.
E. In any trial, action or proceeding for a violation of this section or section
5-396 other than a trial, action or proceeding involving operating or being in actual
physical control of a commercial motorized watercraft, the defendant's alcohol
concentration within two hours of the time of operating or being in actual physical
control as shown by analysis of the defendant's blood, breath or other bodily substance
gives rise to the following presumptions:
1. If there was at that time 0.05 or less alcohol concentration in the defendant's
blood, breath or other bodily substance, it may be presumed that the defendant was not
under the influence of intoxicating liquor.
2. If there was at that time in excess of 0.05 but less than 0.08 alcohol
concentration in the defendant's blood, breath or other bodily substance, such fact shall
not give rise to any presumption that the defendant was or was not under the influence of
intoxicating liquor, but such fact may be considered with other competent evidence in
determining the guilt or innocence of the defendant.
3. If there was at that time 0.08 or more alcohol concentration in the defendant's
blood, breath or other bodily substance, it may be presumed that the defendant was under
the influence of intoxicating liquor.
Paragraph 1, 2 or 3 of this subsection shall not be construed as limiting the
introduction of any other competent evidence bearing on the question of whether or not
the defendant was under the influence of intoxicating liquor.
F. If a blood test is administered, only a physician, a registered nurse or another
qualified person may withdraw blood for the purpose of determining the alcohol
concentration or drug content. The qualifications of the individual withdrawing the
blood and the method used to withdraw the blood are not foundational prerequisites for
the admissibility of any blood alcohol content determination made pursuant to this
subsection.
G. If a law enforcement officer administers a duplicate breath test and the person
tested is given a reasonable opportunity to arrange for an additional test pursuant to
subsection H of this section, a sample of the person's breath does not have to be
collected or preserved.
H. The person tested shall be given a reasonable opportunity to arrange for any
physician, registered nurse or other qualified person of the tested person's own choosing
to administer a test or tests in addition to any administered at the direction of a law
enforcement officer. The failure or inability to obtain an additional test by a person
does not preclude the admission of evidence relating to the test or tests taken at the
direction of a law enforcement officer.
I. If a person under arrest refuses to submit to a test or tests under section
5-395.03, whether or not a sample was collected pursuant to subsection J of this section
or a search warrant, evidence of refusal is admissible in any civil or criminal action or
other proceeding. The issue of refusal shall be an issue of fact to be determined by the
trier of fact in all cases.
J. Notwithstanding any other law, if a law enforcement officer has probable cause
to believe that a person has violated this section and a sample of blood, urine or any
other bodily substance is taken from that person for any reason a portion of that sample
sufficient for analysis shall be provided to a law enforcement officer if requested for
law enforcement purposes. A person who fails to comply with this subsection is guilty of
a class 1 misdemeanor.
K. A person who collects blood, urine or any other bodily substance under this
section or any hospital, laboratory or clinic employing or utilizing the services of the
person does not incur any civil liability as a result of this activity if requested by a
law enforcement officer to collect blood, urine or any other bodily substances unless the
person, while performing the activity, acts with gross negligence.
L. A statement by the defendant that the defendant was operating a motorized
watercraft that was underway and that was involved in an accident resulting in injury to
or death of any person is admissible in any criminal proceeding without further proof of
corpus delicti if it is otherwise admissible.
M. At the arraignment, the court shall inform the defendant that the defendant may
request a trial by jury and that the request, if made, shall be granted.
N. In this section, "alcohol concentration" means grams of alcohol per one hundred
milliliters of blood or grams of alcohol per two hundred ten liters of breath.
5-396.01 Aggravated operating or actual physical control of a motorized watercraft while under the influence of intoxicating liquor or drugs; forfeiture of motorized watercraft; disposition
A. If a person is convicted of violating section 5-396 the court, in addition to
any other penalty imposed by law, shall order the motorized watercraft owned and operated
by the person at the time of the offense forfeited in the same manner as provided under
title 13, chapter 39.
B. A motorized watercraft used by any person as a common carrier in the transaction
of business as a common carrier is not subject to forfeiture unless it appears that the
owner or other person in charge of the vehicle consented to or was privy to a violation
described in subsection A of this section.
C. Any property that is subject to forfeiture and all interests in property that
are forfeited under this section shall be disposed of and allocated in the same manner as
provided in title 13, chapter 39, except that all monies that are obtained as a result of
forfeiture under this section shall be deposited, pursuant to sections 35-146 and 35-147,
in the state general fund.
5-396 Aggravated operating or actual physicalcontrol of motorized watercraft while under the influence ofintoxicating liquor or drugs; classification
A. A person is guilty of aggravated operating or actual physical control of a
motorized watercraft that is underway while under the influence of intoxicating liquor or
drugs if the person commits a third or subsequent violation of section 5-395 or 5-397 or
this section or is convicted of a violation of section 5-395 or 5-397 or this section and
has previously been convicted of any combination of convictions of section 5-395 or 5-397
or this section or acts committed in another state that if committed in this state would
be a violation of section 5-395 or 5-397 or this section within a period of sixty months.
B. The dates of the commission of the offenses are the determining factor in
applying the sixty month provision provided in subsection A of this section regardless of
the sequence in which the offenses were committed. For purposes of this section, a third
or subsequent violation for which a conviction occurs does not include a conviction for
an offense arising out of the same series of acts.
C. Aggravated operating or actual physical control of a motorized watercraft that
is underway while under the influence of intoxicating liquor or drugs is a class 4
felony.
D. Notwithstanding section 41-1604.06, a person who is convicted under subsection A
of this section and who within a sixty month period has been convicted of two prior
violations of section 5-395 or 5-397 or this section, or acts committed in another state
that if committed in this state would be a violation of section 5-395 or 5-397 or this
section, is not eligible for probation, pardon, commutation or suspension of sentence or
release on any other basis until the person has served not less than four months in
prison.
E. Notwithstanding section 41-1604.06, a person who is convicted under subsection A
of this section and who within a sixty month period has been convicted of three or more
prior violations of section 5-395 or 5-397 or this section, or acts committed in another
state that if committed in this state would be a violation of section 5-395 or 5-397 or
this section, is not eligible for probation, pardon, commutation or suspension of
sentence or release on any other basis until the person has served not less than eight
months in prison.
F. A person who is convicted of a violation of this section and who is placed on
probation shall attend and complete alcohol or drug screening, counseling and education
from an approved facility and, if ordered by the court, treatment from an approved
facility. If the person fails to comply with this subsection, in addition to section
13-901 the court may order that the person be incarcerated as a term of probation as
follows:
1. For a person sentenced pursuant to subsection D of this section, for an
individual period of not more than four months and a total period of not more than one
year.
2. For a person sentenced pursuant to subsection E of this section, for an
individual period of not more than eight months and a total period of not more than two
years.
G. The time that a person spends in custody pursuant to subsection D, E or F of
this section shall not be counted toward the sentence imposed if the person's probation
is revoked and the person is sentenced to prison following revocation of probation.
H. A person convicted of a violation of this section shall pay a fine of not less
than seven hundred fifty dollars.
I. In addition to any other penalty prescribed by law, persons convicted pursuant
to this section shall pay an additional assessment of one thousand five hundred dollars
to be deposited by the state treasurer in the prison construction and operations fund
established by section 41-1651. This assessment is not subject to any surcharge. If the
conviction occurred in the superior court or a justice court, the court shall transmit
the assessed monies to the county treasurer. If the conviction occurred in a municipal
court, the court shall transmit the assessed monies to the city treasurer. The city or
county treasurer shall transmit the monies received to the state treasurer.
J. In addition to any other penalty prescribed by law, persons convicted pursuant
to this section shall pay an additional assessment of one thousand five hundred dollars
to be deposited by the state treasurer in the state general fund. This assessment is not
subject to any surcharge. If the conviction occurred in the superior court or a justice
court, the court shall transmit the assessed monies to the county treasurer. If the
conviction occurred in a municipal court, the court shall transmit the assessed monies to
the city treasurer. The city or county treasurer shall transmit the monies received to
the state treasurer. 5-397 Operating or in actual physical controlof a motorized watercraft while under the extreme influence ofintoxicating liquor; trial by jury; sentencing; classification;definition
A. It is unlawful for a person to operate or be in actual physical control of a
motorized watercraft that is underway within this state if the person has an alcohol
concentration of 0.15 or more within two hours of operating or being in actual physical
control of the motorized watercraft and the alcohol concentration results from alcohol
consumed either before or while operating or being in actual physical control of the
motorized watercraft.
B. A person who is convicted of a violation of this section is guilty of operating
or being in actual physical control of a motorized watercraft while under the extreme
influence of alcohol.
C. At the arraignment, the court shall inform the defendant that the defendant may
request a trial by jury and that the request, if made, shall be granted.
D. A person who is convicted of a violation of this section:
1. Shall be sentenced to serve not less than thirty consecutive days in jail and is
not eligible for probation or suspension of execution of sentence unless the entire
sentence is served.
2. Shall pay a fine of not less than two hundred fifty dollars.
3. May be ordered by a court to perform community restitution.
4. Shall pay an additional assessment of one thousand dollars to be deposited by
the state treasurer in the prison construction and operations fund established by section
41-1651. This assessment is not subject to any surcharge. If the conviction occurred in
the superior court or a justice court, the court shall transmit the assessed monies to
the county treasurer. If the conviction occurred in a municipal court, the court shall
transmit the assessed monies to the city treasurer. The city or county treasurer shall
transmit the monies received to the state treasurer.
5. Shall pay an additional assessment of one thousand dollars to be deposited by
the state treasurer in the state general fund. This assessment is not subject to any
surcharge. If the conviction occurred in the superior court or a justice court, the court
shall transmit the assessed monies to the county treasurer. If the conviction occurred
in a municipal court, the court shall transmit the assessed monies to the city treasurer.
The city or county treasurer shall transmit the monies received to the state treasurer.
E. Notwithstanding subsection D, paragraph 1 of this section, at the time of
sentencing the judge may suspend all but ten days of the sentence if the person completes
a court ordered alcohol or other drug screening, education or treatment program. If the
person fails to complete the court ordered alcohol or other drug screening, education or
treatment program and has not been placed on probation, the court shall issue an order to
show cause to the defendant as to why the remaining jail sentence should not be served.
F. If within a period of sixty months a person is convicted of a second violation
of this section or is convicted of a violation of this section and has previously been
convicted of a violation of section 5-395 or 5-396 or an act in another jurisdiction that
if committed in this state would be a violation of this section or section 5-395 or
5-396, the person:
1. Shall be sentenced to serve not less than one hundred twenty days in jail, sixty
days of which shall be served consecutively, and is not eligible for probation or
suspension of execution of sentence unless the entire sentence has been served.
2. Shall pay a fine of not less than five hundred dollars.
3. May be ordered by a court to perform community restitution.
4. Shall pay an additional assessment of one thousand two hundred fifty dollars to
be deposited by the state treasurer in the prison construction and operations fund
established by section 41-1651. This assessment is not subject to any surcharge. If the
conviction occurred in the superior court or a justice court, the court shall transmit
the assessed monies to the county treasurer. If the conviction occurred in a municipal
court, the court shall transmit the assessed monies to the city treasurer. The city or
county treasurer shall transmit the monies received to the state treasurer.
5. Shall pay an additional assessment of one thousand two hundred fifty dollars to
be deposited by the state treasurer in the state general fund. This assessment is not
subject to any surcharge. If the conviction occurred in the superior court or a justice
court, the court shall transmit the assessed monies to the county treasurer. If the
conviction occurred in a municipal court, the court shall transmit the assessed monies to
the city treasurer. The city or county treasurer shall transmit the monies received to
the state treasurer.
G. Notwithstanding subsection F, paragraph 1 of this section, at the time of
sentencing, the judge may suspend all but sixty days of the sentence if the person
completes a court ordered alcohol or other drug screening, education or treatment
program. If the person fails to complete the court ordered alcohol or other drug
screening, education or treatment program and has not been placed on probation, the court
shall issue an order to show cause as to why the remaining jail sentence should not be
served.
H. In applying the sixty month provision of subsection F of this section, the dates
of the commission of the offense shall be the determining factor, irrespective of the
sequence in which the offenses were committed.
I. A second violation for which a conviction occurs as provided in this section
shall not include a conviction for an offense arising out of the same series of acts.
J. A person who is convicted of a violation of this section is guilty of a class 1
misdemeanor.
K. For the purposes of this section, "alcohol concentration" means grams of alcohol
per one hundred milliliters of blood or grams of alcohol per two hundred ten liters of
breath.
5-398.01 Waiver of fine, surcharge or assessment
Notwithstanding any other law, the court shall not waive a fine or assessment
imposed pursuant to this article or a surcharge imposed pursuant to section 12-116.01 or
12-116.02 for a conviction of an offense listed in this article. 5-398.02 Records of convictions and judgments; abstract of record; reports
A. Each magistrate, judge or hearing officer of a court shall:
1. Keep or cause to be kept a record of each violation of this article deposited
with or presented to the court.
2. Keep a record of each official action by the court in reference to each
violation of this article deposited with or presented to the court, including but not
limited to a record of:
(a) Each conviction, forfeiture of bail or deposit or judgment of acquittal.
(b) The amount of the penalty, fine or forfeiture resulting from each complaint
deposited with or presented to the court.
B. Within ten days after the conviction, judgment or forfeiture of bail or deposit
of a person on a charge of violating this article, each magistrate of the court or clerk
of the court of record in which the conviction or judgment was had or bail or deposit was
forfeited shall prepare and immediately forward to the department of transportation an
abstract of the record of the court covering the case in which the person either:
1. Was convicted.
2. Was adjudicated to have committed a violation.
3. Forfeited bail or deposit.
C. The person required to prepare the abstract shall certify that it is true and
correct.
D. The abstract shall be made on a form furnished or in a manner prescribed by the
department of transportation and shall include:
1. The name and address of the party charged.
2. The number, if any, of the driver license, permit or identification license of
the party charged.
3. The nature of the offense or violation.
4. The disposition or whether bail or deposit was forfeited.
5. The amount of the fine, penalty or forfeiture.
E. The department of transportation shall keep all abstracts received under this
section for inspection as required by law. 5-398 Reimbursement of incarceration costs A. The court shall order a person who is sentenced to a term of incarceration for a violation of this article to reimburse the political subdivision that is responsible for the costs of the person's incarceration for those incarceration costs. B. The court may determine the amount of incarceration costs to be paid based on the following factors: 1. The per diem per person cost of incarceration incurred by the political subdivision that incarcerates the person. 2. The person's ability to pay part or all of the incarceration costs.
5-399.01 Abandoned watercraft; notice of intent to transfer ownership A. On receipt of a report as required by this article, the director shall determine the names and addresses of the owner and lienholder, if known, or any other person identified on the department's record who may have an interest in the watercraft by either: 1. Searching the department records. 2. Asking the watercraft registration agency of another state if the watercraft is registered in that state. B. On receipt of information from reports pursuant to section 5-399 and after determining the names and addresses of the owner and lienholder, if known, or any other person identified on the department's record who may have an interest in the watercraft, the director shall notify all interested persons by mail within five business days for a watercraft with a record in this state or within thirty days for all other watercraft. The notice shall include: 1. A complete description of the watercraft. 2. A notice of intent to transfer ownership of the watercraft to the towing company in possession of the watercraft if within thirty days from the date indicated in the notification by the department the owner or lienholder, if known, or a person who has an interest in the watercraft does not notify the department of the owner's, lienholder's, if known, or person's interest in the watercraft and claim the watercraft. 3. The watercraft's hull identification number. 4. The state issued registration number assigned to the watercraft. 5. The place from which and date the watercraft was towed. 6. The storage location of the watercraft. C. If the records of the department or out of state jurisdiction do not disclose the names and addresses of the owner and lienholder, if any, or any other person identified on the department's record who may have an interest in the watercraft, or if the notice is returned marked unclaimed or address unknown, the department shall publish a notice of the intent of the director to transfer ownership of the towed watercraft pursuant to this article once in a newspaper or other publication of general circulation in the county in which the watercraft was towed. The published notice shall include a statement of the intent of the director to transfer ownership of the watercraft after ten days of the published notice and the department shall make available to the public a complete description of abandoned watercraft subject to transfer of ownership. D. The towing company that filed the report shall notify the director within twenty-four hours and in the manner prescribed by the director if the watercraft is released or returned to or redeemed or repossessed by the lawful owner or lienholder, if any, or any other known person who is identified on the department's record who may have an interest in the watercraft.
5-399.02 Unclaimed watercraft; transfer of ownership; violation; classification A. If a watercraft remains unclaimed at the expiration of the deadlines prescribed in section 5-399.01, subsections B and C, the director shall make an inquiry to determine if the watercraft is stolen. On receiving notice that the watercraft has not been reported stolen, the director may transfer ownership of the watercraft to the towing company free and clear of all liens or encumbrances on compliance with this article. B. An application for transfer of ownership shall be completed and signed by the towing company or authorized agent of the towing company and shall contain a certified statement that includes the following: 1. As of the date of application, no person has presented proof of ownership or proof of interest in the watercraft and entered into an agreement for the release or return of the watercraft. 2. The towing company is currently in possession of the watercraft. C. This state and its agencies, employees and agents are not liable for relying in good faith on the contents of the reports or affidavits as prescribed by this article. D. If a towing company complies with this article, the towing company in possession of a watercraft is not liable for obtaining a transfer of ownership of the watercraft. E. A towing company that obtains watercraft pursuant to this article shall maintain records of all of the following: 1. The request made pursuant to section 5-324. 2. The notification provided pursuant to section 5-399. 3. The application for transfer of ownership pursuant to this section. 4. Any documents pertaining to ownership transfer of abandoned watercraft that the director deems necessary. F. A towing company shall maintain the records prescribed by subsection E of this section for three years from the date the ownership of the watercraft is transferred. The records may be audited by any law enforcement officer or employee of the department during normal business hours. G. A tower who fails to maintain records as prescribed in this section is guilty of a class 2 misdemeanor.
5-399.03 Abandoned watercraft processing rules; fees
The department may:
1. Adopt rules to carry out the requirements of this article.
2. Establish fees to implement this article.
5-399 Towing companies
A. If a towing company tows a watercraft, the towing company shall provide written
notification by mail to the owner and lienholder, if known, of the watercraft's location.
The towing company shall obtain the owner and lienholder information pursuant to section
5-324.
B. If the watercraft's owner or lienholder, if known, does not remove the
watercraft from the towing company's premises within fifteen days of mailing of notice
under subsection A of this section, the towing company shall:
1. Report the watercraft on forms prescribed by the director of the ARIZONA game
and fish department.
2. Submit the report to the director of the ARIZONA game and fish department.
