650-674
HARBORS AND NAVIGATION CODE
SECTION 650-674
650. It is the policy of this state to promote safety for persons
and property in and connected with the use and equipment of vessels
and to promote uniformity of laws relating thereto.
650.1. (a) This chapter shall apply to vessels and associated
equipment used, to be used, or carried in vessels used on waters
subject to the jurisdiction of this state.
(b) This chapter, except those sections which expressly indicate
otherwise, shall not apply to the following:
(1) Foreign vessels temporarily using waters subject to state
jurisdiction.
(2) Military or public vessels of the United States, except
recreational-type public vessels.
(3) A vessel whose owner is a state or subdivision thereof, which
is used principally for governmental purposes, and which is clearly
identifiable as such.
(4) Ship's lifeboats.
651. As used in this chapter, unless the context clearly requires a
different meaning:
(a) "Alcohol" means any form or derivative of ethyl alcohol
(ethanol).
(b) "Alcohol concentration" means either grams of alcohol per 100
milliliters of blood or grams of alcohol per 210 liters of breath.
(c) "Associated equipment" means any of the following, excluding
radio equipment:
(1) Any system, part, or component of a boat as originally
manufactured or any similar part or component manufactured or sold
for replacement, repair, or improvement of the system, part, or
component.
(2) Any accessory or equipment for, or appurtenance to, a boat.
(3) Any marine safety article, accessory, or equipment intended
for use by a person on board a boat.
(d) "Boat" means any vessel that is any of the following:
(1) Manufactured or used primarily for noncommercial use.
(2) Leased, rented, or chartered to another for the latter's
noncommercial use.
(3) Engaged in the carrying of six or fewer passengers, including
those for-hire vessels carrying more than three passengers while
using inland waters of the state that are not declared navigable by
the United States Coast Guard.
(4) Commercial vessels required to be numbered pursuant to Section
9850 of the Vehicle Code.
(e) "Chemical test" means a test that analyzes an individual's
breath, blood, or urine, for evidence of drug or alcohol use.
(f) "Controlled substance" means controlled substance as defined
in Section 11007 of the Health and Safety Code.
(g) "Department" means the Department of Boating and Waterways.
(h) "Director" means the Director of Boating and Waterways.
(i) "Drug" means any substance or combination of substances other
than alcohol that could so affect the nervous system, brain, or
muscles of a person as to impair to an appreciable degree his or her
ability to operate a vessel in the manner that an ordinarily prudent
person, in full possession of his or her faculties, using reasonable
care, would operate a similar vessel under like conditions.
(j) "Intoxicant" means any form of alcohol, drug, or combination
thereof.
(k) "Legal owner" is a person holding the legal title to a vessel
under a conditional sale contract, the mortgagee of a vessel, or the
renter or lessor of a vessel to the state, or to any county, city,
district, or political subdivision of the state, under a lease,
lease-sale, or rental-purchase agreement that grants possession of
the vessel to the lessee for a period of 30 consecutive days or more.
(l) "Manufacturer" means any person engaged in any of the
following:
(1) The manufacture, construction, or assembly of boats or
associated equipment.
(2) The manufacture or construction of components for boats and
associated equipment to be sold for subsequent assembly.
(3) The importation into this state for sale of boats, associated
equipment, or components thereof.
(m) "Marine employer" means the owner, managing operator,
charterer, agent, master, or person in charge of a vessel other than
a recreational vessel.
(n) "Motorboat" means any vessel propelled by machinery, whether
or not the machinery is the principal source of propulsion, but shall
not include a vessel that has a valid marine document issued by the
United States Coast Guard or any federal agency successor thereto.
(o) "Operator" means the person on board who is steering the
vessel while underway.
(p) "Owner" is a person having all the incidents of ownership,
including the legal title, of a vessel whether or not that person
lends, rents, or pledges the vessel; the person entitled to the
possession of a vessel as the purchaser under a conditional sale
contract; or the mortgagor of a vessel. "Owner" does not include a
person holding legal title to a vessel under a conditional sale
contract, the mortgagee of a vessel, or the renter or lessor of a
vessel to the state or to any county, city, district, or political
subdivision of the state under a lease, lease-sale, or
rental-purchase agreement that grants possession of the vessel to the
lessee for a period of 30 consecutive days or more.
(q) "Passenger" means every person carried on board a vessel other
than any of the following:
(1) The owner or his or her representative.
(2) The operator.
(3) Bona fide members of the crew engaged in the business of the
vessel who have contributed no consideration for their carriage and
who are paid for their services.
(4) Any guest on board a vessel that is being used exclusively for
pleasure purposes who has not contributed any consideration,
directly or indirectly, for his or her carriage.
(r) "Person" means an individual, partnership, firm, corporation,
limited liability company, association, or other entity, but does not
include the United States, the state, or a municipality or
subdivision thereof.
(s) "Personal watercraft" means a vessel 13 feet in length or
less, propelled by machinery, that is designed to be operated by a
person sitting, standing, or kneeling on the vessel, rather than in
the conventional manner of sitting or standing inside the vessel.
(t) "Recreational vessel" means a vessel that is being used only
for pleasure.
(u) "Registered owner" is the person registered by the Department
of Motor Vehicles as the owner of the vessel.
(v) "Special-use area" means all or a portion of a waterway that
is set aside for specified uses or activities to the exclusion of
other incompatible uses or activities.
(w) "State" means a state of the United States, the Commonwealth
of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the
District of Columbia.
(x) "State of principal use" means the state on which waters a
vessel is used or intended to be used most during a calendar year.
(y) "Undocumented vessel" means any vessel that is not required to
have, and does not have, a valid marine document issued by the
United States Coast Guard or any federal agency successor thereto.
(z) "Use" means operate, navigate, or employ.
(aa) "Vessel" includes every description of watercraft used or
capable of being used as a means of transportation on water, except
either of the following:
(1) A seaplane on the water.
(2) A watercraft specifically designed to operate on a permanently
fixed course, the movement of which is restricted to a fixed track
or arm to which the watercraft is attached or by which the watercraft
is controlled.
(bb) "Water skis, an aquaplane, or a similar device" includes all
forms of water skiing, barefoot skiing, skiing on skim boards, knee
boards, or other contrivances, parasailing, ski kiting, or any
activity where a person is towed behind or alongside a boat.
(cc) "Waters of this state" means any waters within the
territorial limits of this state.
651.1. As used in this chapter, unless the context clearly requires
a different meaning, "bather" or "bathing" means a person floating,
swimming, wading, or bodysurfing, with or without the use of a
flotation device, including, but not limited to, floating upon or
with the aid of a surfboard, paddle board, surfmat, innertube, life
preserver, or air mattress, except a flotation device which is
designed to be propelled by sail, mechanical means, power, oars, or
paddle.
651.5. The Department of Motor Vehicles shall provide every person
who originally registers, or who acquires the ownership certificate
of, a vessel required to be numbered pursuant to Division 3.5
(commencing with Section 9840) of the Vehicle Code with a copy of
guidelines for safe vessel operation prepared by the Department of
Boating and Waterways.
652. (a) The department may issue regulations to do all of the
following:
(1) Establish minimum safety standards for boats and associated
equipment.
(2) Require the installation, carrying, or using of associated
equipment.
(3) Prohibit the installation, carrying, or using of associated
equipment that does not conform with safety standards established
pursuant to this chapter.
(b) The regulations shall conform with the federal navigation laws
or with the navigation rules promulgated by the United States Coast
Guard, or any successor thereto.
(c) A person or public agency shall not use or give permission for
the use of a vessel that does not carry the equipment or meet the
standards established pursuant to this chapter.
(d) A peace officer or harbor police officer authorized to enforce
this chapter may order the termination of the operation of a vessel
that is found to be unsafe for operation pursuant to Section 6550.5
of Title 14 of the California Code of Regulations. A violation of an
order under this subdivision is a misdemeanor.
(e) A person found guilty of a misdemeanor violation of
subdivision (d), or of any regulation adopted by the department
pursuant to this section, shall be subject to a fine not to exceed
one thousand dollars ($1,000), imprisonment in a county jail not to
exceed six months, or both that fine and imprisonment.
652.5. (a) The use of a distinctive blue light as prescribed by the
department is reserved for law enforcement vessels and may be
displayed during the day or night whenever the vessel may be engaged
in direct law enforcement activities, including, but not limited to,
those activities specified in subdivision (a) of Section 663.7, where
identification of a law enforcement vessel is desirable or where
necessary for safety reasons.
(b) That light when used shall be in addition to prescribed lights
and day signals required by law.
(c) The display of such blue lights on vessels for other purposes
is prohibited.
(d) Any vessel approaching, overtaking, being approached, or being
overtaken by a moving law enforcement vessel operating with a siren
or an illuminated blue light, or any vessel approaching a stationary
law enforcement vessel displaying an illuminated blue light, shall
immediately slow to a speed sufficient to maintain steerage only,
shall alter its course, within its ability, so as not to inhibit or
interfere with the operation of the law enforcement vessel, and shall
proceed, unless otherwise directed by the operator of the law
enforcement vessel, at the reduced speed until beyond the area of
operation of the law enforcement vessel.
(e) The operator of every cable ferry shall take whatever
reasonable action is necessary to provide a clear course for any law
enforcement vessel operating with a siren or an illuminated blue
light, or both.
654. (a) (1) For the purposes of this section, a "muffler" or
"muffler system" is a sound suppression device or system that is
designed and installed to abate the sound of exhaust gases emitted
from an internal combustion engine and prevents excessive or unusual
noise.
(2) For the purposes of this section, an underwater
through-the-propeller-hub exhaust outlet system is a muffler system.
(b) A motorized recreational vessel that is operated in or upon
the inland waters, or in or upon ocean waters that are within one
mile of the coastline of the state shall be equipped at all times
with a muffler or a muffler system that is all of the following:
(1) In good working condition.
(2) In constant operation.
(3) Installed in a manner that effectively brings the vessel into
compliance with Section 654.05.
(c) This section does not apply to motorized recreational vessels
competing under a local public entity or United States Coast Guard
permit in a regatta, in a boat race, while on trial runs, or while on
official trials for speed records during the time and in the
designated area authorized by the permit. In addition, this section
does not apply to motorized recreational vessels preparing for a race
or regatta if authorized by a permit issued by the local entity
having jurisdiction over the area where the preparations occur.
(d) This section shall become operative on January 1, 2005.
654.03. (a) A person may not manufacture for sale a motorized
recreational vessel that is not equipped with a muffler or muffler
system, as defined in subdivision (a) of Section 654, that brings the
vessel into compliance with paragraph (2) of subdivision (a) of
Section 654.05, except as authorized under subdivision (b).
(b) A person may manufacture for sale a motorized recreational
vessel that is not equipped as required under subdivision (a) if the
vessel is designed, manufactured, and sold for the sole purpose of
competing in racing events.
(c) A person may not sell a vessel that is exempted under
subdivision (b) unless there is compliance with both of the
following:
(1) The sales agreement includes a statement that the vessel is
designed, manufactured, and sold for the sole purpose of competing in
racing events and may not be operated in or upon the inland waters,
or in or upon ocean waters that are within one mile of the coastline
of the state, except under the conditions described in subdivision
(c) of Section 654.
(2) The statement described in paragraph (1) is signed by both the
buyer and the seller.
(d) Both the buyer and the seller of a vessel exempted under
subdivision (b) shall maintain copies of the sales agreement
described in paragraph (1) of subdivision (c).
(e) A person may not operate a vessel that is exempted under
subdivision (b) unless a copy of the sales agreement described in
paragraph (1) of subdivision (c) is on board the vessel.
(f) A person may not operate a vessel that is exempted under
subdivision (b) in or upon the inland waters, or in or upon ocean
waters within one mile of the coastline of the state, except under
the conditions described in subdivision (c) of Section 654.
(g) This section shall become operative on January 1, 2005.
654.05. (a) The owner of a motorized recreational vessel that is
numbered pursuant to Section 9850 of the Vehicle Code, or that is
documented by an agency of the federal government, shall not operate,
or authorize the operation of, the vessel in or upon the inland
waters, or in or upon ocean waters that are within one mile of the
coastline of the state, in a manner that exceeds the following noise
levels:
(1) For engines manufactured before January 1, 1993, a noise level
of 90 dB(A) when subjected to the Society of Automotive Engineers
Recommended Practice SAE J2005 (Stationary Sound Level Measurement
Procedure for Pleasure Motorboats).
(2) For engines manufactured on or after January 1, 1993, a noise
level of 88 dB(A) when subjected to the Society of Automotive
Engineers Recommended Practice SAE J2005 (Stationary Sound Level
Measurement Procedure for Pleasure Motorboats).
(3) A noise level of 75 dB(A) measured as specified in the Society
of Automotive Engineers Recommended Practice SAE J1970 (Shoreline
Sound Level Measurement Procedure). However, a measurement of noise
level that is in compliance with this paragraph does not preclude the
conducting of a test of noise levels under paragraph (1) or (2).
(b) A law enforcement officer utilizing a decibel measuring device
for the purposes of enforcing this section shall be knowledgeable
and proficient in the use of that device.
(c) The department may, by regulation, revise the measurement
procedure when deemed necessary to adjust to advances in technology.
(d) This section does not apply to motorized recreational vessels
competing under a local public entity or United States Coast Guard
permit in a regatta, in a boat race, while on trial runs, or while on
official trials for speed records during the time and in the
designated area authorized by the permit. In addition, this section
does not apply to motorized recreational vessels preparing for a race
or regatta if authorized by a permit issued by the local entity
having jurisdiction over the area where these preparations occur.
(e) This section shall become operative on January 1, 2005.
654.06. No person shall sell or offer for sale at retail any
internal combustion engine for use on any motorized recreational
vessel which, when operated, exceeds the following noise levels:
(a) For engines manufactured on or after January 1, 1974, and
before January 1, 1976, a noise level of 86 dbA measured at a
distance of 50 feet from the motorized recreational vessel.
(b) For engines manufactured on or after January 1, 1976, and
before January 1, 1978, a noise level of 84 dbA measured at a
distance of 50 feet from the motorized recreational vessel.
(c) For engines manufactured on or after January 1, 1978, a noise
level of 82 dbA measured at a distance of 50 feet from the motorized
recreational vessel.
654.1. Boating facilities constructed with funds derived from the
state shall be required as a condition for the receipt of such funds
to provide shoreside facilities for purposes of emptying waste matter
holding tanks from vessels in accordance with needs and standards as
established by the department.
654.3. (a) Each diesel powered vessel operating exclusively in
California, engaged in the commercial transport of passengers with
the capacity to transport 75 passengers or more, shall use only
California diesel fuel formulated as specified in Sections 2281 and
2282 of Title 13 of the California Code of Regulations.
(b) This section shall become operative on January 1, 2003.
654.5. A person who maliciously throws, hurls, or projects an
object by manual, mechanical, or other means at a vessel or an
occupant of a vessel on any of the waters within or bordering on this
state, which act does not constitute a violation of either Section
242 or 594 of the Penal Code, is guilty of a misdemeanor, and upon
first conviction the punishment shall be a fine not to exceed one
thousand dollars ($1,000) or imprisonment in the county jail not to
exceed 30 days, or both that fine and imprisonment. Upon a second
conviction, the punishment shall be a fine not to exceed five
thousand dollars ($5,000) or imprisonment in the county jail not to
exceed 90 days, or both that fine and imprisonment. Upon a third or
subsequent conviction, the punishment shall be a fine not to exceed
ten thousand dollars ($10,000) or imprisonment in the county jail not
to exceed one year, or both that fine and imprisonment.
655. (a) No person shall use any vessel or manipulate water skis,
an aquaplane, or a similar device in a reckless or negligent manner
so as to endanger the life, limb, or property of any person. The
department shall adopt regulations for the use of vessels, water
skis, aquaplanes, or similar devices in a manner that will minimize
the danger to life, limb, or property consistent with reasonable use
of the equipment for the purpose for which it was designed.
(b) No person shall operate any vessel or manipulate water skis,
an aquaplane, or a similar device while under the influence of an
alcoholic beverage, any drug, or the combined influence of an
alcoholic beverage and any drug.
(c) No person shall operate any recreational vessel or manipulate
any water skis, aquaplane, or similar device if the person has an
alcohol concentration of 0.08 percent or more in his or her blood.
(d) No person shall operate any vessel other than a recreational
vessel if the person has an alcohol concentration of 0.04 percent or
more in his or her blood.
(e) No person shall operate any vessel, or manipulate water skis,
an aquaplane, or a similar device who is addicted to the use of any
drug. This subdivision does not apply to a person who is
participating in a narcotic treatment program approved pursuant to
Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of
Division 10.5 of the Health and Safety Code.
(f) No person shall operate any vessel or manipulate water skis,
an aquaplane, or a similar device while under the influence of an
alcoholic beverage, any drug, or under the combined influence of an
alcoholic beverage and any drug, and while so operating, do any act
forbidden by law, or neglect any duty imposed by law in the use of
the vessel, water skis, aquaplane, or similar device, which act or
neglect proximately causes bodily injury to any person other than
himself or herself.
(g) Notwithstanding any other provision of law, information,
verbal or otherwise, which is obtained from a commissioned, warrant,
or petty officer of the United States Coast Guard who directly
observed the offense may be used as the sole basis for establishing
the necessary reasonable cause for a peace officer of this state to
make an arrest pursuant to the United States Constitution, the
California Constitution, and Section 836 of the Penal Code for
violations of subdivisions (b), (c), (d), and (e) of this section.
(h) In any prosecution under subdivision (c), it is a rebuttable
presumption that the person had 0.08 percent or more, by weight, of
alcohol in his or her blood at the time of operation of a
recreational vessel if the person had an alcohol concentration of
0.08 percent or more in his or her blood at the time of the
performance of a chemical test within three hours after the
operation.
(i) In any prosecution under subdivision (d), it is a rebuttable
presumption that the person had 0.04 percent or more, by weight, of
alcohol in his or her blood at the time of operation of a vessel
other than a recreational vessel if the person had an alcohol
concentration of 0.04 percent or more in his or her blood at the time
of the performance of a chemical test within three hours after the
operation.
(j) Upon the trial of any criminal action, or preliminary
proceeding in a criminal action, arising out of acts alleged to have
been committed by any person who was operating a vessel or
manipulating water skis, an aquaplane, or a similar device while
under the influence of an alcoholic beverage in violation of
subdivision (b) or (f), the amount of alcohol in the person's blood
at the time of the test, as shown by a chemical test of that person's
blood, breath, or urine, shall give rise to the following
presumptions affecting the burden of proof:
(1) If there was at that time less than 0.05 percent, by weight,
of alcohol in the person's blood, it shall be presumed that the
person was not under the influence of an alcoholic beverage at the
time of the alleged offense.
(2) If there was at that time 0.05 percent or more, but less than
0.08 percent, by weight, of alcohol in the person's blood, that fact
shall not give rise to any presumption that the person was or was not
under the influence of an alcoholic beverage, but the fact may be
considered with other competent evidence in determining whether the
person was under the influence of an alcoholic beverage at the time
of the alleged offense.
(3) If there was at that time 0.08 percent or more, by weight, of
alcohol in the person's blood, it shall be presumed that the person
was under the influence of an alcoholic beverage at the time of the
alleged offense.
(k) This section does not limit the introduction of any other
competent evidence bearing upon the question whether the person
ingested any alcoholic beverage or was under the influence of an
alcoholic beverage at the time of the alleged offense.
(l) This section applies to foreign vessels using waters subject
to state jurisdiction.
655.05. (a) No person shall operate a vessel other than a
recreational vessel for 24 hours if the person is found by a peace
officer to have an alcohol concentration of 0.01 percent or more in
his or her blood. The peace officer shall order the person out of
service for 24 hours.
(b) This section shall become operative on January 1, 1992.
655.1. (a) As used in this section, "mechanically propelled vessel"
means any vessel actively propelled by machinery, whether or not the
machinery is the principal source of propulsion.
(b) A peace officer, having reasonable cause to believe that any
person was operating a mechanically propelled vessel or manipulating
any water skis, aquaplane, or similar device under the influence of
an alcoholic beverage or any drug, or under the combined influence of
an alcoholic beverage and any drug, who lawfully arrests the person
for any violation of subdivision (b), (c), (d), (e), or (f) of
Section 655, may request that person to submit to chemical testing of
his or her blood, breath, or urine for the purpose of determining
the drug or alcoholic content of the blood. The arrested person shall
be informed that a refusal to submit to, or failure to complete, the
required chemical testing may be used against the person in a court
of law and that the court may impose increased penalties for that
refusal or failure, upon conviction.
(c) (1) If the person is lawfully arrested for operating a
mechanically propelled vessel or manipulating any water skis,
aquaplane, or similar device under the influence of an alcoholic
beverage and submits to the chemical testing, the person has the
choice of whether the chemical test shall be of his or her blood or
breath and the person shall be advised by the arresting officer that
he or she has that choice. If the person arrested either is
incapable, or states that he or she is incapable, of completing the
chosen test, the person shall submit to the remaining test. If a
blood or breath test, or both, are unavailable, then subdivision (n)
applies.
(2) If the person is lawfully arrested for operating a
mechanically propelled vessel or manipulating any water skis,
aquaplane, or similar device under the influence of any drug or the
combined influence of an alcoholic beverage and any drug and submits
to the chemical testing, the person has the choice of whether the
chemical test shall be of his or her blood, breath, or urine, and the
officer shall advise the person that he or she has that choice.
(d) The arresting officer shall advise a person submitting to
chemical testing under this section that he or she does not have the
right to have an attorney present before stating whether he or she
will submit to the chemical testing, before deciding which chemical
test or tests to take, or during the administration of the chemical
test or tests chosen.
(e) A person who chooses to submit to a breath test may also be
requested to submit to a blood or urine test if the arresting officer
has reasonable cause to believe that the person was operating a
mechanically propelled vessel or manipulating any water skis,
aquaplane, or similar device under the influence of any drug, or the
combined influence of an alcoholic beverage and any drug, and if the
arresting officer has a clear indication that a blood or urine test
will reveal evidence of the person being under the influence. The
arresting officer shall state in his or her report the facts upon
which that belief and that clear indication are based. The person
shall have the choice of submitting to and completing a blood or
urine test, and shall be advised by the arresting officer that he or
she is requested to submit to an additional test, and that he or she
may choose a test of either blood or urine. If the person arrested is
either incapable, or states that he or she is incapable, of
completing either chosen chemical test, the person shall submit to
and complete the other remaining chemical test.
(f) (1) A person who chooses to submit to a breath test shall be
advised before or after the breath test that the breath-testing
equipment does not retain any sample of the breath, and that no
breath sample will be available after the breath test which could be
analyzed later by the person or any other person.
(2) The person shall also be advised that, because no breath
sample is retained, the person will be given an opportunity to
provide a blood or urine sample that will be retained at no cost to
the person so that there will be something retained that may be
subsequently analyzed for the alcoholic content of the persons's
blood. If the person completes a breath test and wishes to provide a
blood or urine sample to be retained, the sample shall be collected
and retained in the same manner as if the person had chosen a blood
or urine test initially.
(3) The person shall also be advised that the blood or urine
sample may be tested by either party in any criminal prosecution. The
failure of either party to perform this chemical test shall place no
duty upon the opposing party to perform the chemical test nor affect
the admissibility of any other evidence of the drug or alcoholic
content of the blood of the person arrested.
(g) If the person is lawfully arrested for any offense allegedly
committed in violation of subdivision (b), (c), (d), (e), or (f) of
Section 655, and because of the need for medical treatment, the
person is first transported to a medical facility where it is not
feasible to administer a particular chemical test of, or to obtain a
particular sample of, the person's blood, breath, or urine, the
person has the choice of submitting to those chemical tests which are
available at the facility to which that person has been transported.
In this event, the arresting officer shall advise the person of
those chemical tests which are available at the medical facility, and
that the person's choice is limited to those chemical tests which
are available.
(h) Any person who is unconscious or otherwise in a condition
rendering him or her incapable of refusal may be subjected to
chemical testing of his or her blood, breath, or urine for the
purpose of determining the drug or alcoholic content of the blood,
whether or not the person is informed that a refusal to submit to, or
failure to complete, the required chemical testing may be used
against the person in a court of law, and that the court may impose
increased penalties upon conviction.
(i) Any person who is afflicted with hemophilia is exempt from the
blood test provided for in this section.
(j) Any person who is afflicted with a heart condition and is
using an anticoagulant under the direction of a licensed physician
and surgeon is exempt from the blood test provided for in this
section.
(k) A person lawfully arrested for any offense allegedly committed
while the person was operating a mechanically propelled vessel or
manipulating any water skis, aquaplane, or similar device in
violation of subdivision (b), (c), (d), (e), or (f) of Section 655
may request the arresting officer to have a chemical test made of his
or her blood or breath for the purpose of determining the drug or
alcoholic content of the blood and, if so requested, the arresting
officer shall have the chemical test performed. However, if a blood
or breath test, or both, are unavailable, then subdivision (n)
applies.
(l) Any chemical test of blood, breath, or urine to determine the
percentage, by weight, of alcohol in the blood shall be performed in
accordance with Section 23158 of the Vehicle Code.
(m) Nothing in this section limits the authority of a peace
officer to gather evidence from a person lawfully arrested for a
violation of subdivision (b), (c), (d), (e), or (f) of Section 655.
(n) If a blood or breath test is not available under paragraph (1)
of subdivision (c) or under subdivision (k), the person shall submit
to the remaining test in order to determine the percent, by weight,
of alcohol in the person's blood. If both the blood and breath tests
are unavailable, the person shall be deemed to have given his or her
consent to chemical testing of his or her urine and shall submit to a
urine test.
655.2. (a) Every owner, operator, or person in command of any
vessel propelled by machinery is guilty of a misdemeanor who uses it,
or permits it to be used, at a speed in excess of five miles per
hour in any portion of the following areas not otherwise regulated by
local rules and regulations:
(1) Within 100 feet of any person who is engaged in the act of
bathing. A person engaged in the sport of water skiing shall not be
considered as engaged in the act of bathing for the purposes of this
section.
(2) Within 200 feet of any of the following:
(A) A beach frequented by bathers.
(B) A swimming float, diving platform, or lifeline.
(C) A way or landing float to which boats are made fast or which
is being used for the embarkation or discharge of passengers.
(b) This section does not apply to vessels engaged in direct law
enforcement activities which are displaying the lights prescribed by
Section 652.5. Those vessels are also exempt from any locally imposed
speed regulation adopted pursuant to Section 660.
655.3. The department may adopt regulations to establish and
maintain for the use of vessels and the equipment on vessels on the
waters of this state rules of the road and pilot rules in conformity
with those contained in the federal navigation laws or the navigation
rules promulgated by the United States Coast Guard.
655.4. (a) No person shall serve as a crew member on any charter
boat while under the influence of intoxicating liquor, any drug, or
the combined influence of intoxicating liquor and any drug.
(b) No person shall serve as a crew member on any charter boat
while under the influence of intoxicating liquor, any drug, or under
the combined influence of intoxicating liquor and any drug, and while
so serving, do any act forbidden by law, or neglect any duty imposed
by law in the use of the vessel, which act or neglect proximately
causes bodily injury to any person other than himself or herself.
655.5. (a) Whenever a person convicted of any violation of
subdivision (b), (c), (d), (e), or (f) of Section 655 is found by the
court to have willfully refused the request of a peace officer to
submit to chemical testing of the blood, breath, or urine pursuant to
Section 655.1, the court may impose enhanced penalties either by
fine or imprisonment, or both, not to exceed the maximum of the
penalties prescribed in Section 668.
(b) A willful refusal to submit to chemical testing pursuant to
subdivision (a) shall be pled and proven.
(c) This section shall become operative on January 1, 1992.
655.6. (a) It is an infraction for a person under the age of 21
years who has 0.01 percent or more, by weight, of alcohol in his or
her blood to operate any motorized vessel or manipulate water skis,
an aquaplane, or a similar device.
(b) A person may be found to be in violation of subdivision (a) if
the person was, at the time of operating any motorized vessel or
manipulating water skis, an aquaplane, or a similar device, under the
age of 21 years and under the influence of, or affected by, an
alcoholic beverage regardless of whether a chemical test was made to
determine that person's blood-alcohol concentration and if the trier
of fact finds that the person had consumed an alcoholic beverage and
was operating any motorized vessel or manipulating water skis, an
aquaplane, or a similar device while having a concentration of 0.01
percent or more, by weight, of alcohol in his or her blood.
(c) Section 655.1 applies to violations of this section.
(d) A violation of this section is punishable by a fine not
exceeding one hundred dollars ($100). A second violation occurring
within one year of a prior violation which resulted in a conviction
is punishable by a fine not exceeding two hundred dollars ($200). A
third or any subsequent conviction within a period of one year of two
or more prior infractions which resulted in convictions is
punishable by a fine not exceeding two hundred fifty dollars ($250).
A person found to have committed a violation of this section shall be
required to participate in an alcohol education or community service
program as provided in Section 23502 of the Vehicle Code.
655.7. (a) A person operating a personal watercraft equipped by the
manufacturer with a lanyard-type engine cutoff switch shall attach
the lanyard to his or her person, clothing, or personal flotation
device, as appropriate for the specific vessel.
(b) No person shall operate a personal watercraft equipped by the
manufacturer with a self-circling device if the self-circling device
or engine throttle has been altered in any way that would impede or
prevent the self-circling device from operating in its intended
manner.
(c) Every personal watercraft shall, at all times, be operated in
a reasonable and prudent manner. Maneuvers that unreasonably or
unnecessarily endanger life, limb, or property, including, but not
limited to, jumping or attempting to jump the wake of another vessel
within 100 feet of that other vessel, operating the personal
watercraft toward any person or vessel in the water and turning
sharply at close range so as to spray the vessel or person, or
operating at a rate of speed and proximity to another vessel so that
either operator is required to swerve at the last minute to avoid
collision, is unsafe or reckless operation of a vessel.
(d) No person shall operate a personal watercraft at any time
between the hours from sunset to sunrise.
(e) This section does not apply to a performer who is engaged in a
professional exhibition or to a person who is participating in a
regatta, race, marine parade, tournament, exhibition, or other event
sanctioned by the United States Coast Guard or authorized by a permit
issued by the local entity having jurisdiction over the area where
the event is held.
(f) Any violation of this section is an infraction.
656. (a) It is the duty of the operator of a vessel involved in a
collision, accident, or other casualty, so far as the operator can do
so without serious danger to his or her own vessel, crew, and
passengers, to render to other persons affected by the collision,
accident, or other casualty such assistance as may be practicable and
as may be necessary in order to save them from, or minimize any,
danger caused by the collision, accident, or other casualty.
(b) Any person who complies with subdivision (a) or Section 656.1,
656.2, or 656.3 or who gratuitously and in good faith renders
assistance at the scene of a vessel collision, accident, or other
casualty without objection by any person assisted, shall not be held
liable for any civil damages sought as a result of the rendering of
assistance or for any act or omission in providing or arranging
salvage, towage, medical treatment, or other assistance, where the
assisting person has acted as an ordinary, reasonably prudent person
would have acted under the same or similar circumstances.
(c) (1) An individual employee of a public entity engaged in
rescue pursuant to this code shall not be a proper party defendant
and shall be dismissed on motion, unless the employee has violated a
statute other than a statute creating a general obligation to rescue
or is guilty of oppression, fraud, malice, or the conscious disregard
of the safety of others.
(2) The public entity employing such an individual shall be liable
in civil damages where the individual employee has failed to act as
a reasonably prudent person would have acted under the same or
similar circumstances.
(3) Where a public entity has given a reasonable printed,
electronic, or verbal warning of the danger causing the distress
which created the necessity for the rescue, and there has been a
reasonable opportunity for the party in distress to receive the
warning, the public entity shall be liable only for acts or omissions
of its employee which were taken in a grossly negligent manner.
(d) The owner, operator, or other person on board a vessel
involved in a casualty or accident shall report the casualty or
accident in accordance with regulations adopted by the department.
The department shall adopt regulations to maintain a uniform casualty
and accident reporting system for vessels subject to this code in
conformity with federal casualty and accident reporting regulations
promulgated by the United States Coast Guard or any successor
thereto. Consistent with Public Law 92-75 and the federal regulations
contained in Part 173 of Title 33 of the Code of Federal
Regulations, a peace officer or harbor policeman, upon receiving an
initial report of a casualty involving the death or disappearance of
a person as a result of a boating accident, shall immediately forward
the report, by quickest means available, to the department.
(e) Neither the report required by this section nor any action
taken by the department with regard to the report shall be referred
to in any way, or be any evidence of negligence or due care of any
party, at the trial of any action at law to recover damages.
(f) All required accident reports, and supplemental reports, shall
be without prejudice to the individual so reporting and shall be for
the confidential use of the department and any peace officer
actually engaged in the enforcement of this chapter, except that the
department shall disclose the names and addresses of persons involved
in, or witnesses to, an accident, the registration numbers and
descriptions of vessels involved, and the date, time, and location of
an accident to any person who may have a proper interest therein,
including the operators involved or the legal guardian thereof, the
parent of a minor operator, the authorized representative of an
operator, or any person injured therein and the owners of vessels or
property damaged thereby.
(g) This section applies to foreign vessels, military or public
recreational-type vessels, vessels owned by a state or subdivision
thereof, and ship's lifeboats otherwise exempted from this chapter
pursuant to Section 650.1.
656.1. The operator of any vessel involved in an accident in the
waters of this state who knows or has reason to know that the
accident resulted in damage to other property shall, if reasonable to
do so under the circumstances, stop at the scene of the accident and
shall do either of the following:
(a) Locate and notify the owner or person in charge of the damaged
property of the name and address of the operator and owner of the
vessel involved, and upon locating the owner or operator of any other
vessel involved, or the owner or person in charge of any other
property damaged, upon being requested, exhibit the vessel
registration and furnish the current residence address of the vessel'
s owner and operator to the other person.
(b) If the owner or person in charge of the damaged property or
the owner or operator of any other vessel involved cannot be located,
leave, in a conspicuous place on the property damaged or other
vessel involved, a written notice giving the name and address of the
operator and of the owner of the vessel involved and a statement of
the circumstances of the accident, and, without unnecessary delay,
notify the law enforcement agency having jurisdiction over the
waterway or, if unknown, the sheriff of the county in which the
accident occurred.
656.2. In addition to the requirements of Section 656.1, the
operator of any vessel involved in an accident in the waters of this
state who knows or has reason to know that the accident resulted in
injury to any person shall furnish his or her name, address, and the
registration number of the vessel, and the name of the owner, to the
person injured, or occupant of any other vessel involved, or shall
furnish that information to any peace officer at the scene of the
accident, and shall render to any injured person reasonable
assistance, including transportation for medical treatment if
required or requested by the injured person, so far as the operator
can do so without serious danger to the vessel or passengers.
656.3. In addition to the requirements of Sections 656.1 and 656.2,
the operator of any vessel involved in an accident in the waters of
this state who knows or has reason to know that the accident resulted
in the death or disappearance of any person shall, after fulfilling
the requirements of this division, and if there is no peace officer
at the scene of the accident to whom to furnish the information
required by Section 656.2, without delay, report the accident to the
law enforcement agency having jurisdiction over the waterway or, if
unknown, the sheriff of the county in which the accident occurred.
656.4. The department is authorized to develop a program of public
information and research in the interest of reducing loss of life and
property in the operation of vessels covered by this chapter.
657. In accordance with any request duly made by an authorized
official or agency of the United States, any information compiled or
otherwise available to the department pursuant to Section 656 shall
be transmitted to said official or agency of the United States.
658. (a) No person shall operate a vessel on any waters for towing
a person or persons on water skis, an aquaplane, or a similar device
unless there is in the vessel a person at least 12 years of age, in
addition to the operator, in a position to observe the progress of
the persons being towed.
This subdivision does not apply to motorboats less than 16 feet in
length actually operated by the person or persons being towed and so
constructed as to be incapable of carrying the operator in or on the
motorboat. The department may establish rules and regulations
governing the operation of those watercraft, which rules and
regulations shall provide the greatest possible safety of persons and
vessels.
(b) No person shall operate a vessel on any waters of this state
towing a person or persons on water skis, an aquaplane, or a similar
device nor shall any person engage in water skiing, aquaplaning, or
other similar activity at any time between the hours from sunset to
sunrise, except that those hours do not apply to those waters of this
state as to which prohibited hours for those activities are fixed by
local ordinances, laws, or regulations enacted pursuant to this
chapter.
(c) Subdivisions (a) and (b) of this section do not apply to a
performer engaged in a professional exhibition or a person or persons
engaged in a regatta, vessel or water ski race, or other marine
event authorized pursuant to Section 268.
(d) No person shall operate or manipulate any vessel, towrope, or
other device by which the direction or location of water skis, an
aquaplane, or a similar device may be affected or controlled so as to
cause the water skis, aquaplane, or similar device, or any person
thereon, to collide with, or strike against, any object or person.
This subdivision does not apply to collisions of two or more persons
on water skis, aquaplanes, or similar devices being towed by the same
vessel.
(e) No person shall operate water skis, an aquaplane, or a similar
device so as to endanger the life, limb, or property of any person.
658.3. (a) A person shall not operate a motorboat, sailboat, or
vessel that is 26 feet or less in length, unless every person on
board who is under 13 years of age is wearing a type I, II, III, or V
Coast Guard-approved personal flotation device while that motorboat,
sailboat, or vessel is underway.
(b) Subdivision (a) does not apply to a person operating a
sailboat on which a person who is under 13 years of age is restrained
by a harness tethered to the vessel, or to a person operating a
vessel on which a person who is under 13 years of age is in an
enclosed cabin.
(c) A person on board a personal watercraft or a person being
towed behind a vessel on water skis, an aquaplane, or similar device,
except for an underwater maneuvering device intended for use by a
submerged swimmer, shall wear a type I, II, III, or V Coast
Guard-approved personal flotation device. An underwater maneuvering
device is a towed or self-powered apparatus that a person can pilot
through diving, turning, and surfacing maneuvers that is designed for
underwater use.
(1) This subdivision does not apply to a person aboard a personal
watercraft or a person being towed behind a vessel on water skis, if
that person is a performer engaged in a professional exhibition, or
preparing to participate or participating in an official regatta,
marine parade, tournament, or exhibition.
(2) In lieu of wearing a Coast Guard-approved personal flotation
device of a type described in this subdivision, a person engaged in
slalom skiing on a marked course or a person engaged in barefoot,
jump, or trick waterskiing may elect to wear a wetsuit designed for
the activity and labeled by the manufacturer as a water ski wetsuit.
A Coast Guard-approved personal flotation device of a type described
in this subdivision shall be carried in the tow vessel for each skier
electing to wear a water ski wetsuit pursuant to this paragraph.
(d) The requirements set forth in subdivisions (a) and (c) do not
apply to a person operating a motorboat, sailboat, or vessel if the
operator is reacting to an emergency rescue situation.
(e) The following definitions govern the construction of this
section:
(1) "Enclosed cabin" means a space on board a vessel that is
surrounded by bulkheads and covered by a roof.
(2) "Operate a motorboat, sailboat, or vessel" means to be in
control or in charge of a motorboat, sailboat, or vessel while it is
underway.
(3) "Underway" means all times except when the motorboat,
sailboat, or vessel is anchored, moored, or aground.
(f) A violation of this section is an infraction punishable as
provided in subdivision (a) of Section 668.
658.5. (a) Except as provided in subdivision (b), no person under
16 years of age shall operate a vessel powered by a motor of greater
than 15 horsepower, except for a vessel that does not exceed 30 feet
in length and is designed to use wind as its principal source of
propulsion, or a dinghy used directly between a moored vessel and the
shoreline or between a moored vessel and another moored vessel.
(b) Except as provided in subdivision (a), no person 12, 13, 14,
or 15 years of age shall operate a vessel powered by a motor of
greater than 15 horsepower, or a vessel that exceeds 30 feet in
length and is designed to use wind as its principal source of
propulsion, unless the person is accompanied in the vessel by a
person who is at least 18 years of age and who is attentive and
supervising the operation of the vessel.
(c) Subdivisions (a) and (b) do not apply to any of the following:
(1) A person who operates a vessel as a performer in a
professional exhibition.
(2) A person engaged in an organized regatta, vessel race, or
water ski race.
(3) A person engaged in a marine event authorized pursuant to
Section 268.
(d) Any person who violates this section, and any person who
permits any other person under 16 years of age to operate a vessel in
violation of this section, is guilty of an infraction.
658.7. (a) Failure of the operator of a vessel involved in towing a
skier to display or cause to be displayed a ski flag, as described
in subdivision (a) of Section 7009 of Title 14 of the California Code
of Regulations, to indicate any of the following conditions, is an
infraction punishable by a fine not exceeding fifteen dollars ($15):
(1) A downed skier.
(2) A skier in the water preparing to ski.
(3) A ski line extended from the vessel.
(4) A ski in the water in the vicinity of the vessel.
(b) Subdivision (a) does not apply to a performer engaged in a
professional exhibition or a person engaged in a regatta, vessel or
water ski race or competition, or other marine event authorized
pursuant to Section 268.
659. The department may make rules and regulations for the uniform
navigational marking of the waters of this state. Such rules and
regulations shall not be in conflict with markings prescribed by the
United States Coast Guard. No city, county, or person shall mark the
waters of this state in any manner in conflict with the markings
prescribed by the department.
660. (a) Any ordinance, law, regulation, or rule relating to
vessels, which is adopted pursuant to provisions of law other than
this chapter by any entity other than the department, including, but
not limited to, any county, city, port authority, district, or any
state agency other than the department, shall, notwithstanding any
other provision of law, pertain only to time-of-day restrictions,
speed zones, special-use areas, and sanitation and pollution control,
and the measure shall not conflict with this chapter or the
regulations adopted by the department. Except as provided in
subdivision (c), any measure relating to boats or vessels adopted by
any governmental entity other than the department shall be submitted
to the department prior to adoption and at least 30 days prior to the
effective date thereof.
(b) The department may make special rules and regulations
governing the use of boats or vessels on any body of water within the
territorial limits of two or more counties, cities, or other
political subdivisions if no special rules or regulations exist or if
the department determines that the local laws regulating the use of
boats or vessels on that body of water are not uniform and that
uniformity is practicable and necessary.
(c) (1) Any entity, including, but not limited to, any county,
city, port authority, district, or state agency, otherwise authorized
by law to adopt measures governing the use and equipment, and
matters relating thereto, of boats or vessels, may adopt emergency
rules and regulations that are not in conflict with the general laws
of the state relating to boats and vessels using any waters within
the jurisdiction of the entity if those emergency rules and
regulations are required to ensure the safety of persons and property
because of disaster or other public calamity.
(2) The emergency rules and regulations adopted under paragraph
(1) shall become effective immediately upon adoption and may remain
in effect for not to exceed 60 days thereafter. The emergency rules
and regulations shall be submitted to the department on or before
their adoption.
(3) After submission of emergency rules and regulations adopted
pursuant to paragraph (1) to the department, the department may
authorize the adopting entity to make the emergency rules and
regulations effective for the period of time greater than 60 days
that is necessary in view of the disaster or circumstances.
661. (a) Every owner of an undocumented vessel numbered under this
code is liable and responsible for the death of or injury to person
or property resulting from negligence in the operation of such
vessel, in the business of the owner or otherwise, by any person
using and operating the same with the permission, express or implied,
of the owner, and the negligence of such person shall be imputed to
the owner for all purposes of civil damage. It shall be presumed that
such vessel is being operated with the knowledge and consent of the
owner if at the time of the injury, death or damage it is under the
control of his or her spouse, father, mother, brother, sister, son,
daughter, or other immediate member of the owner's family. Nothing
contained in this chapter shall be construed to relieve any person
from any liability which he would otherwise have, but nothing
contained in this chapter shall be construed to authorize or permit
any recovery in excess of injury or damage actually incurred.
(b) The liability of an owner for imputed negligence imposed by
this section and not arising through the relationship of principal
and agent or master and servant is limited to the amount of ten
thousand dollars ($10,000) for the death of or injury to one person
in any one accident and, subject to the limit as to one person, is
limited to the amount of twenty thousand dollars ($20,000) for the
death of or injury to more than one person in any one accident and is
limited to the amount of ten thousand dollars ($10,000) for damage
to property of others in any one accident.
(c) In any action against an owner on account of imputed
negligence as imposed by this section the operator of the vessel
whose negligence is imputed to the owner shall be made a party
defendant if personal service of process can be had upon the operator
within this State. Upon recovery of judgment, recourse shall first
be had against the property of the operator so served.
(d) If there is recovery under this section against an owner based
on imputed negligence, the owner is subrogated to all the rights of
the person injured or whose property has been injured and may recover
from the operator the total amount of any judgment and costs
recovered against the owner.
(e) If the bailee of an owner with the permission, expressed or
implied, of the owner permits another to operate the vessel of the
owner, then the bailee and such operator shall both be deemed
operators of the vessel of the owner within the meaning of
subdivisions (c) and (d) of this section.
(f) Where two or more persons are injured or killed in one
accident, the owner may settle and pay any bona fide claims for
damages arising out of personal injuries or death, whether reduced to
judgment or not, and the payments shall diminish to the extent
thereof the owner's total liability on account of the accident.
Payments aggregating the full sum of twenty thousand dollars
($20,000) shall extinguish all liability of the owner for death or
personal injury arising out of the accident which exists by reason of
imputed negligence, pursuant to this section, and did not arise
through the negligence of the owner nor through the relationship of
principal and agent or master and servant.
(g) If a vessel is sold under a contract of conditional sale
whereby the title to such vessel remains in the vendor, such vendor
or his assignee shall not be deemed an owner within the provisions of
this section relating to imputed negligence, but the vendee or his
assignee shall be deemed the owner notwithstanding the terms of such
contract, until the vendor or his assignee retakes possession of the
vessel. A chattel mortgagee of a vessel out of possession is not an
owner within the provisions of this section relating to imputed
negligence.
(h) No action based on imputed negligence under this section shall
abate by reason of the death of any injured person or of any person
liable or responsible under the provisions of this section. In any
action for physical injury based on imputed negligence under this
section by the executor, administrator, or personal representative of
any deceased person, the damages recoverable shall be the same as
those recoverable under Section 956 of the Civil Code.
662. A copy of the ordinances or local laws adopted pursuant to
this chapter, and of any amendments thereto, shall be filed in the
office of the department.
663. Every peace officer of this state or of any city, county, city
and county, or other political subdivision of the state shall
enforce this chapter and any regulations adopted by the department
pursuant to this chapter and in the exercise of that duty shall have
the authority to stop and board any vessel subject to this chapter,
where the peace officer has probable cause to believe that a
violation of state law or regulations or local ordinance exists.
663.1. Notwithstanding any other provision of law, a peace officer
may, without a warrant, arrest a person who is involved in an
accident in the waters of this state involving a vessel when the
officer has reasonable cause to believe that the person had been
operating the vessel while under the influence of an alcoholic
beverage or any drug, or under the combined influence of an alcoholic
beverage and any drug.
663.5. Within the territorial limits of a county, city, or
district, a harbor policeman regularly employed and paid as such by
the county, city, or district shall also enforce the provisions of
this chapter and any rules or regulations adopted by the department
pursuant to this chapter and the provisions of Chapter 2 (commencing
with Section 9850) of Division 3.5 of the Vehicle Code.
In the exercise of his duties, a harbor policeman shall have the
authority to stop any vessel subject to this chapter and to issue
written notices to appear in court pursuant to Section 664. As used
in Section 664, the term "officer" shall include a harbor policeman
regularly employed and paid as such by a county, city, or district.
Every harbor policeman who is on duty for the purpose of enforcing
the provisions of this chapter, and the rules and regulations
adopted by the department pursuant to this chapter, shall wear a full
distinctive uniform, and, if he uses a vessel, the vessel shall be
painted a distinctive color and appropriately marked as specified by
the department to identify it as a harbor police vessel.
663.6. Every vessel subject to this chapter, if under way and
lawfully ordered to stop and lie to by a peace officer or harbor
policeman authorized to enforce the provisions of this chapter who is
either in a uniform of a law enforcement agency or the harbor police
or in a vessel that is distinctly marked as belonging to a law
enforcement agency or to the harbor police, shall stop immediately
and lie to, or shall maneuver in such a way as to permit the peace
officer or harbor police vessel to come alongside.
663.7. (a) Each county of the state is entitled to receive state
financial aid for boating safety and enforcement programs on waters
under its jurisdiction as provided in this section. A boating safety
and enforcement program, as used in this section, includes search and
rescue operations, recovery of drowned bodies, enforcement of state
and local measures for regulation of boating activities, inspection
of vessels, and supervision of organized water events.
(b) A public agency within a county and the Department of Parks
and Recreation are entitled to receive aid for boating safety and
enforcement programs on waters under their jurisdiction through the
county in which it lies, and that aid shall be counted as aid to the
county; except that aid provided under subdivision (h) for boating
safety and enforcement programs of the Department of Parks and
Recreation for waters under its jurisdiction shall not be counted as
aid to a county.
(c) (1) Of the funds appropriated for boating safety and
enforcement programs pursuant to Section 85.2, the department shall
adopt and utilize a formula that first allocates funds to counties so
that no county receives less than the amount it was allocated in the
1996-97 fiscal year, unless the county's program is reduced, or the
county does not meet the eligibility requirements of this section. If
the total amount of money in the Harbors and Watercraft Revolving
Fund is less than the amount available for the 1996-97 fiscal year,
the funds allocated to each county shall be reduced in proportion to
the reduction in the overall fund relative to the 1996-97 fiscal
year.
(2) Second, from funds remaining, the department shall allocate
funds to eligible counties which have submitted a grant application
pursuant to subdivision (i) but which do not receive an allocation
pursuant to paragraph (1).
(3) The funds allocated pursuant to paragraph (1) shall not be
greater in total amount than 50 percent of the funds appropriated for
boating safety programs, unless the department determines that an
amount greater than 50 percent is needed to meet the minimum
allocation requirements set forth in paragraph (1).
(d) The amount of aid for which a county or a public agency within
a county is eligible under this section shall not exceed the total
cost of its boating safety and enforcement program. Notwithstanding
paragraph (1) of subdivision (c), no county shall receive an amount
greater than 20 percent of the total funds appropriated to all
counties for boating safety and enforcement programs in any fiscal
year. Notwithstanding any other provision of this section, any county
that receives a boating safety and enforcement allocation during the
1997-98 fiscal year as a result of a prior appropriation shall not
receive an additional allocation for the 1997-98 fiscal year pursuant
to this section.
(e) The department shall not allocate funds to any county or a
public agency within a county unless the department receives a
resolution adopted annually by the board of supervisors authorizing
the county to participate in the program and certifying that the
county will expend for boating safety programs during that year not
less than an amount equal to 100 percent of the amount received by