§ 75A-10. Operating vessel or manipulating water skis, etc., in reckless manner; operating, etc., while intoxicated, etc.; depositing or discharging litter, etc.
§ 75A‑10. Operatingvessel or manipulating water skis, etc., in reckless manner; operating, etc.,while intoxicated, etc.; depositing or discharging litter, etc.
(a) No person shalloperate any motorboat or vessel, or manipulate any water skis, surfboard, orsimilar device on the waters of this State in a reckless or negligent manner soas to endanger the life, limb, or property of any person.
(b) No person shallmanipulate any water skis, surfboard, nonmotorized vessel, or similar device onthe waters of this State while under the influence of an impairing substance.
(b1) No person shalloperate any vessel while underway on the waters of this State:
(1) While under theinfluence of an impairing substance, or
(2) After havingconsumed sufficient alcohol that the person has, at any relevant time after theboating, an alcohol concentration of 0.08 or more.
(b2) The fact that aperson charged with violating this subsection is or has been legally entitledto use alcohol or a drug is not a defense to a charge under subsections (b) and(b1) of this section. The relevant definitions contained in G.S. 20‑4.01shall apply to subsections (b), (b1), and (b2) of this section.
(b3) A person whoviolates a provision of subsection (a), (b), or (b1) of this section is guiltyof a Class 2 misdemeanor.
(c) No person shallplace, throw, deposit, or discharge or cause to be placed, thrown, deposited,or discharged on the waters of this State or into the inland lake waters ofthis State, any litter, raw sewage, bottles, cans, papers, or other liquid orsolid materials which render the waters unsightly, noxious, or otherwiseunwholesome so as to be detrimental to the public health or welfare or to theenjoyment and safety of the water for recreational purposes.
(d) No person shall place,throw, deposit, or discharge or cause to be placed, thrown, deposited, ordischarged on the waters of this State or into the inland lake waters of thisState any medical waste as defined by G.S. 130A‑290 which renders thewaters unsightly, noxious, or otherwise unwholesome so as to be detrimental tothe public health or welfare or to the enjoyment and safety of the water forrecreational purposes.
(e) A person whowillfully violates subsection (d) of this section is guilty of a Class 1misdemeanor. A person who willfully violates subsection (d) of this section andin so doing releases medical waste that creates a substantial risk of physicalinjury to any person who is not a participant in the offense is guilty of aClass F felony which may include a fine not to exceed fifty thousand dollars($50,000) per day of violation. (1959, c. 1064, s. 10; 1965, c. 634, s. 3; 1985, c.615, ss. 1‑5; 1989, c. 742, s. 1; 1995, c. 506, s. 14; 2006‑185, s.1.)