Section 20.1-13-07 - Prohibited operation - Penalty1. An individual may not operate a motorboat or vessel, or manipulate water skis, a surfboard, or similar device in a reckless or negligent manner so as to endanger the life, limb, or property of any individual. Reckless or negligent operation of a motorboat or vessel includes weaving through congested motorboat or vessel traffic, jumping the wake of another motorboat or vessel within one hundred feet [30.48 meters] of the motorboat or vessel, or in any other manner that is not reasonable or prudent.2. An individual may not operate a motorboat or vessel, or manipulate water skis, a surfboard, or similar device if any of the following apply: a. The individual has an alcohol concentration of at least ten one-hundredths of one percent by weight at the time of the performance of the test within two hours after the operating of a motorboat or vessel.b. The individual is under the influence of intoxicating liquor.c. The individual is under the influence of a drug or substance or combination of drugs or substances to a degree which renders the individual incapable of safely operating a motorboat or vessel.d. The individual is under the combined influence of alcohol and any other drugs or substances to a degree which renders that person incapable of safely operating a motorboat or vessel.The fact that an individual charged with violating this section is or has been legally entitled to use alcohol or other drugs or substances is not a defense against a charge for violating this section, unless a drug that predominantly caused impairment was used only as directed or cautioned by a practitioner who legally prescribed or dispensed the drug to the individual.
3. An individual under twelve years of age may not operate a motorboat propelled by over a ten horsepower motor unless the operator is accompanied by an individual eighteen years of age or older. An individual who violates this subsection is guilty of a class 2 noncriminal offense.4. An individual of twelve through fifteen years of age may not operate a motorboat propelled by over a ten horsepower motor unless the operator is accompanied by an individual eighteen years of age or older or the operator has taken and passed a boating course approved by the department. An individual who violates this subsection is guilty of a class 2 noncriminal offense.5. An individual may not cause or knowingly permit a minor under sixteen years of age to operate a motorboat propelled by over a ten horsepower motor unless the minor is otherwise authorized to do so by this section.6. An individual may not operate a motorboat or vessel within one hundred feet [30.48 meters] of a person fishing from a shoreline, swimmer, swimming diving raft, or an occupied, anchored or nonmotorized vessel, or within two hundred fifty feet [76.20 meters] of a reduced speed or slow or no wake sign at greater than slow or no wake speed.7. An individual may not operate or permit the operation of a personal watercraft: a. Without each person on board the personal watercraft wearing a United States coast guard approved type I, II, III, or V personal flotation device;b. Within one hundred feet [30.48 meters] of a person fishing from a shoreline, swimmer, swimming diving raft, or an occupied, anchored or nonmotorized vessel at greater than slow or no wake speed;c. While towing an individual on water skis, a kneeboard, an inflatable craft, or any other device unless an observer is on board or the personal watercraft is equipped with a mirror on each side which provides the operator an unobstructed field of vision to the rear;d. Without a lanyard-type engine cutoff switch being attached to the individual, clothing, or personal flotation device of the operator, if the personal watercraft is equipped by the manufacturer with such a device;e. If a part of the spring-loaded throttle mechanism has been removed, altered, or tampered with so as to interfere with the return-to-idle system;f. To chase or harass wildlife;g. Through emergent or floating vegetation at other than slow or no wake speed;h. In a manner that unreasonably or unnecessarily endangers life, limb, or property, including weaving through congested watercraft traffic, jumping the wake of another watercraft within one hundred feet [30.48 meters] of the other watercraft; ori. In any other manner that is not reasonable and prudent.8. An individual who violates subdivision c of subsection 7 is guilty of a class 2 noncriminal offense.Amended by S.L. 2017, ch. 180 (HB 1367),§ 1, eff. 4/12/2017.