Sec. 15-129a. Required lights. (a) Every vessel using state or federal waters, when
underway in all weathers from sunset to sunrise, shall display the following prescribed
lights: (1) A power-driven vessel, the construction of which was started after December
24, 1981, 12 meters (39'4") or more in length and less than 20 meters (65'6") in length
shall exhibit side lights, a stern light, and a masthead light forward except that any
masthead light need not be exhibited forward of midships but shall be exhibited as far
forward of midships as is practicable and such vessel may exhibit an aft masthead light
higher than the forward masthead light; (2) a power-driven vessel, the construction of
which was started before December 25, 1981, less than 20 meters (65'6") in length and
any power-driven vessel less than 12 meters (39'4") in length may exhibit those lights
prescribed for a vessel, the construction of which was started after December 24, 1981,
12 meters (39'4") or more in length and less than 20 meters (65'6") in length, or in lieu
of such combination of lights such vessels may exhibit side lights and an all-around
white light at the stern; (3) a sailboat, under sail alone, 7 meters (22'10") or more in
length and less than 20 meters (65'6") in length shall exhibit side lights and a stern light
and such sailboat may exhibit at or near the top of the mast, where they can best be seen,
two all-around lights in a vertical line, the upper red and the lower green. Such sailboat
may have the side lights and stern lights combined in one lantern carried at or near the
top of the mast where it can best be seen but if a combined lantern is used, the two all-around red and green mast lights shall not be exhibited in conjunction with the combined
lantern; (4) a sailboat, under sail alone, of less than 7 meters (22'10") in length and all
vessels under oars shall, if practicable, exhibit the lights prescribed for a sailboat 7
meters (22'10") or more in length and less than 20 meters (65'6") in length or shall have
aboard and ready at hand an electric torch or lighted lantern showing a white light which
shall be exhibited in sufficient time to prevent collision. In lieu of the lights required
by this section, a power-driven vessel or a sailboat may display the lights prescribed by
international regulations, in the manner and under the condition provided therein.
(b) The visibility for the lights required by this section shall be as follows: (1) All
stern lights, two miles; (2) all white, red or green all-around lights, two miles; (3) side
lights on a vessel less than 12 meters (39'4") in length, one mile; (4) side lights on a
vessel 12 meters (39'4") or greater in length, two miles; (5) masthead lights on a vessel
less than 12 meters (39'4") in length, two miles; (6) masthead lights on a vessel 12
meters (39'4") or greater in length, three miles; and (7) anchor light, two miles. For the
purposes of this section, visibility means visible on a dark night with clear atmosphere.
(c) When lights are required pursuant to subsection (a) of this section, no other
lights shall be exhibited, except lights that (1) cannot be mistaken for the lights required
pursuant to this section and do not impair the visibility or distinctive character of such
required lights, and (2) do not interfere with the keeping of a proper lookout.
(d) Power driven and sailing vessels less than 20 meters but more than 7 meters in
length at anchor between sunset and sunrise shall display an anchor light. Vessels less
than 7 meters in length shall not be required to display an anchor light except when
anchored in or near a narrow channel, fairway or anchorage or where other vessels
normally navigate. Vessels less than 20 meters in length when at anchor in a special
anchorage area as designated by the United States Secretary of Transportation shall not
be required to exhibit an anchor light.
(e) Flashing lights shall not be used by any vessel except as provided in this subsection. Flashing blue lights may be used by law enforcement vessels of the United States,
this state or a political subdivision of this state when such vessels are engaged in law
enforcement activities or when identification of such vessels is necessary for safety
reasons. Flashing white lights may be used on any vessel in accordance with rules and
regulations of the United States Coast Guard.
(f) Violation of any provision of this section shall be an infraction.
(P.A. 85-106, S. 2.)
Sec. 15-130. Modification or suspension of requirements. The commissioner
may modify or suspend any requirement of sections 15-129 and 15-129a in respect to
any class of vessels or vessels using any water or class of waters upon finding that
such requirement does not materially aid boating safety and is unduly burdensome and
inconvenient.
(1961, P.A. 520, S. 10; 1971, P.A. 872, S. 375; P.A. 87-505, S. 6, 9.)
History: 1971 act replaced "commission", i.e. boating commission, with "commissioner", i.e. commissioner of environmental protection; P.A. 87-505 deleted an obsolete reference to Sec. 15-128 and inserted Sec. 15-129a in lieu thereof.
Sec. 15-130a. Powers of officers re vessel in unsafe condition. If any officer
empowered to enforce the provisions of this chapter, observes a vessel being used without sufficient lifesaving or fire-fighting devices or in an overloaded or otherwise unsafe
condition as defined in this chapter or in regulations of the Department of Environmental
Protection, and in his judgment such use creates an especially hazardous condition, he
may direct the operator to take whatever immediate and reasonable steps that would be
necessary for the safety of those aboard the vessel, including directing the operator to
return to mooring and to remain there until the situation creating the hazard is corrected
or ended.
(P.A. 73-257, S. 25, 27.)
Sec. 15-131. Rules for preventing collisions. The rules prescribed by this section
for preventing collisions shall govern the operation of all vessels on state and federal
waters. In construing the provisions of this section, risk of collision shall be deemed
to exist when the compass bearing between approaching vessels does not appreciably
change.
(1) When vessels approach each other end on, or nearly so, each shall pass on the
port side of the other, except that, if the courses of such vessels are so far to the starboard
of each other as not to be considered approaching end on and altering course would
create a hazard, each shall keep out of the way of the other and pass on the starboard
side of the other.
(2) When vessels are crossing so as to involve risk of collision, the vessel which
has the other on her starboard side shall keep out of the way of the other, except that in
such a situation a motorboat shall keep out of the way of a sailboat.
(3) When sailboats are crossing so as to involve risk of collision, one of them shall
keep out of the way of the other as follows: (A) A sailboat running free shall keep out
of the way of a sailboat which is close-hauled. (B) A sailboat which is close-hauled on
the port tack shall keep out of the way of a sailboat which is close-hauled on the starboard
tack. (C) When two sailboats are running free with the wind on different sides, the
sailboat which has the wind on the port side shall keep out of the way of the other. (D)
When two sailboats are running free with the wind on the same side, the sailboat which
is to the windward shall keep out of the way of the other.
(4) Every vessel overtaking another vessel shall keep out of the way of the overtaken
vessel. Any person operating a vessel shall not follow another vessel more closely than
is reasonable and prudent and shall have regard for prevailing circumstances and conditions so as to not create a risk of collision.
(5) Every vessel which is required by these rules to keep out of the way of another
vessel, on approaching such other vessel, shall slacken speed, stop, reverse or alter
course as necessary and, as circumstances permit, avoid crossing ahead of or hazarding
the other vessel. The other vessel shall maintain her course and speed.
(6) In obeying and construing these rules, regard shall be had to all dangers of
navigation and collision and any special circumstances which may render a departure
from these rules necessary in order to avoid immediate danger. For the purposes of
this subsection, following too closely to avoid collision with another vessel shall be
considered a violation.
(7) The operator of a vessel shall at all times maintain a proper lookout required by
the ordinary practice of seamen and by the special circumstances of the case.
(8) Violation of any provision of this section shall be an infraction.
(1961, P.A. 520, S. 11; P.A. 76-381, S. 22; P.A. 94-188, S. 13; P.A. 99-219, S. 1, 3.)
History: P.A. 76-381 added Subsec. (h) making violation an infraction; P.A. 94-188 changed Subsecs. (a) to (h),
inclusive, to Subdivs. (1) to (8), inclusive, and in the new Subdiv. (3), changed the Subdivs. to Subparas; P.A. 99-219
made section applicable to federal waters and added provisions in Subdivs. (4) and (6) re following too closely to avoid
collision, effective July 1, 1999.
See chapter 881b re infractions of the law.
Sec. 15-132. Procedure in case of collision or accident. When two or more vessels are involved in a collision, accident or other casualty, the operator of each, so far
as he can do so without danger to his vessel or to its crew or passengers, shall render to
the other vessel, its operator, crew and passengers such assistance as may be practicable
and necessary to save them from danger caused by such collision and he shall stay by
such other vessel until he has ascertained that there is no need of further assistance.
Each such operator shall also give to the operator of the other vessel his name, address
and the identification number, if any, of his vessel. Failure of an operator to comply
with the requirements of this section, unless reasonable cause for such failure is shown,
shall be prima facie evidence that the collision was caused by his wrongful act, neglect
or default.
(1961, P.A. 520, S. 12.)
Sec. 15-133. Rules for safe operation. Operation of vessel while under the influence of liquor or drugs. Penalties. Records of conviction. (a) The rules prescribed
by this section shall apply on all state and federal waters.
(b) No person shall use a vessel in a manner that unreasonably or unnecessarily
interferes with free and proper navigation. Anchoring under a bridge, in a narrow channel
or in a congested water not designated as an anchorage area is such interference, except
in case of emergency.
(c) No person shall alter, deface or remove any capacity information label affixed
to any vessel.
(d) No person shall operate a vessel: (1) While under the influence of intoxicating
liquor or any drug, or both, or (2) while such person has an elevated blood alcohol
content. For the purposes of this section and sections 15-140l and 15-140n, "elevated
blood alcohol content" means: (A) A ratio of alcohol in the blood of such person that
is eight-hundredths of one per cent or more of alcohol, by weight, or (B) if such person
is under twenty-one years of age, a ratio of alcohol in the blood of such person that is
two-hundredths of one per cent or more of alcohol, by weight. For purposes of this
section and sections 15-140l, 15-140n, 15-140o and 15-140q, "operate" means that the
vessel is underway or aground and not moored, anchored or docked.
(e) In any prosecution for a violation of subdivision (1) of subsection (d) of this
section, evidence concerning the amount of alcohol in the defendant's blood or urine
at the time of the alleged offense, as shown by a chemical analysis of the defendant's
blood, breath or urine, otherwise admissible under subsection (a) of section 15-140r,
shall be admissible only at the request of the defendant.
(f) No person shall operate a vessel or engage in any activity contrary to the regulations adopted by the commissioner.
(g) No person shall moor a vessel to, obstruct, remove, damage or destroy any
navigation aid or any device used to mark a restricted area.
(h) Any person who violates the provisions of subsection (d) of this section shall:
(1) For conviction of a first violation, (A) be fined not less than five hundred dollars or
more than one thousand dollars, and (B) be (i) imprisoned not more than six months,
forty-eight consecutive hours of which may not be suspended or reduced in any manner,
or (ii) imprisoned not more than six months, with the execution of such sentence of
imprisonment suspended entirely and a period of probation imposed requiring as a condition of such probation that such person perform one hundred hours of community service, as defined in section 14-227e, and (C) have such person's safe boating certificate
or certificate of personal watercraft operation, if any, or right to operate a vessel that
requires a safe boating certificate for operation suspended for one year; (2) for conviction
of a second violation not later than ten years after a prior conviction for the same offense,
(A) be fined not less than one thousand dollars or more than four thousand dollars, (B)
be imprisoned not more than two years, one hundred twenty consecutive days of which
may not be suspended or reduced in any manner, and sentenced to a period of probation
requiring as a condition of such probation that such person perform one hundred hours
of community service, as defined in section 14-227e, and (C) have such person's safe
boating certificate or certificate of personal watercraft operation, if any, or right to operate a vessel that requires a safe boating certificate for operation suspended for three
years or until the date of such person's twenty-first birthday, whichever is longer; and
(3) for conviction of a third and subsequent violation not later than ten years after a prior
conviction for the same offense, (A) be fined not less than two thousand dollars or more
than eight thousand dollars, (B) be imprisoned not more than three years, one year of
which may not be suspended or reduced in any manner, and sentenced to a period of
probation requiring as a condition of such probation that such person perform one hundred hours of community service, as defined in section 14-227e, and (C) have such
person's safe boating certificate or certificate of personal watercraft operation, if any, or
right to operate a vessel that requires a safe boating certificate for operation permanently
revoked upon such third offense.
(i) The suspension of a safe boating certificate or certificate of personal watercraft
operation or right to operate a vessel that requires a safe boating certificate for operation
imposed under subsection (h) of this section shall take effect immediately upon expiration of any period in which an appeal of any conviction under subsection (d) of this
section may be taken, provided if an appeal is taken, the suspension shall be stayed
during the pendency of such appeal. If the suspension or revocation takes effect, the
defendant shall return, not later than the second business day after the suspension or
revocation takes effect, by personal delivery or first class mail, the safe boating certificate or certificate of personal watercraft operation issued to the defendant.
(j) Any person who violates the provisions of subsection (b) of this section shall be
fined not more than two hundred dollars. Any person who violates the provisions of
subsection (c) or (g) of this section shall be fined not less than one hundred dollars and
not more than five hundred dollars. Any person who violates any of the provisions of
subsection (f) of this section shall have committed an infraction.
(k) (1) A record shall be kept by the Superior Court of any conviction relating to
the operation of a vessel. A summary of such record, with a statement of the number of
the operator's safe boating certificate or certificate of personal watercraft operation
shall, not later than five days after such conviction, forfeiture or any other disposition
or nolle, be transmitted to the commissioner by such court. Each court shall report each
conviction under subsection (d) of this section to the commissioner. The commissioner
shall suspend the safe boating certificate or certificate of personal watercraft operation
of the person reported as convicted for the period of time required by subsection (h) of
this section.
(2) The safe boating certificate, right to operate a vessel that requires a safe boating
certificate for operation or certificate of personal watercraft operation of a person found
guilty under subsection (d) of this section who is under eighteen years of age shall be
suspended by the commissioner for the period of time set forth in subsection (h) of this
section, or until such person attains the age of eighteen years, whichever period is longer.
(1961, P.A. 520, S. 13; 1969, P.A. 148, S. 1; 1971, P.A. 872, S. 376; P.A. 76-381, S. 23; P.A. 82-348, S. 1, 6; P.A. 83-285, S. 1; P.A. 85-106, S. 4; P.A. 89-388, S. 18, 27; P.A. 03-244, S. 1; P.A. 04-257, S. 24.)
History: 1969 act replaced former Subsec. (a) re operation at moderate speed during fog, mist, snow or heavy rain with
new provisions prohibiting operation at greater than reasonable speed, clarified and expanded Subsec. (j) and deleted
reference to restricted areas in Subsec. (f); 1971 act replaced "commission", i.e. boating commission with "commissioner",
i.e. environmental protection commissioner, in Subsec. (f); P.A. 76-381 added Subsec. (h) re infractions; P.A. 82-348
changed the penalty in Subsec. (h) for violation of any provisions of this section from an infraction to a violation; P.A. 83-285 amended Subsec. (h) to make violations of any provision of Subsec. (f) an infraction; P.A. 85-106 amended Subsec.
(c) to add provisions requiring operation in accordance with maximum capacity information and to prohibit alteration,
defacement or removal of capacity information label; P.A. 89-388 amended Subsec. (a) to delete provision re speed of
vessels, amended Subsec. (c) to delete provisions re capacity, deleted Subsec. (d) in its entirety and relettered the remaining
Subsecs., amended relettered Subsec. (d) to add provisions re drugs and standard for under the influence and amended
relettered Subsec. (g) to establish a violation of Subsec. (d) and to make technical corrections; P.A. 03-244 made technical
changes in Subsec. (b), amended Subsec. (d) to delete former provisions and add Subdivs. (1) and (2) establishing criteria
for operation of a vessel while under the influence of intoxicating liquor or drugs and defining "elevated blood alcohol
content" and "operate", added new Subsec. (e) re admissibility of a chemical analysis, redesignated existing Subsecs. (e),
(f) and (g), as new Subsecs. (f), (g) and (h), made a technical change in Subsec. (f), amended Subsec. (h) to delete former
provisions and add Subdivs. (1) to (3) re applicable penalties for conviction, and added new Subsecs. (i) re suspension of
a safe boating certificate, (j) re fines for violation of Subsecs. (b), (c), (f) and (g), and (k) re records of conviction; P.A.
04-257 made technical changes in Subsec. (h), effective June 14, 2004.
See chapter 881b re infractions of the law.
Sec. 15-133a. Safety controls on the Housatonic River. The Commissioner of
Environmental Protection shall prescribe, install and maintain suitable safety controls
and warning devices on the approaches to the dams on the Housatonic River for the
safety of boats utilizing the same.
(1963, P.A. 24; 1971, P.A. 872, S. 377.)
History: 1971 act substituted commissioner of environmental protection for boating safety commission.
Sec. 15-133b. Boating safety certificate for certain minors. Owners prohibited
from permitting operation without certificate, when. Section 15-133b is repealed.
(1969, P.A. 487, S. 1-4; 1971, P.A. 872, S. 378; P.A. 82-223, S. 26; 82-421, S. 3, 4; P.A. 83-577, S. 31; P.A. 89-388,
S. 7; P.A. 90-274, S. 9, 14; P.A. 91-408, S. 17, 18.)
Sec. 15-133c. When boating safety certificate required upon violation of safety
rules. (a) On or before January 1, 1991, any person convicted of more than one violation
of section 15-133 or 15-134 within any two-year period may not operate a motorboat
powered by a motor in excess of five horsepower on the waters of the state for recreational purposes without first obtaining a boating safety certificate from the commissioner evidencing successful completion of a course in safe boat handling approved by
the commissioner. The commissioner shall adopt regulations in accordance with the
provisions of chapter 54 establishing requirements for the issuance of boating safety
certificates and the content of safe boat handling courses which shall include but not be
limited to instruction in boat handling and navigation. The commissioner may designate
an agent for giving such course and issuing such certificates: The United States Coast
Guard Auxiliary, the United States Power Squadron, or any other person or organization
the commissioner deems qualified to act in such capacity.
(b) The clerk of the court in which a conviction for a violation of section 15-133,
15-134, 15-140l or 15-140n is rendered shall cause notice of such conviction to be given
to the Commissioner of Environmental Protection not later than thirty days after such
conviction.
(P.A. 82-421, S. 1, 4; P.A. 83-285, S. 2, 6; P.A. 89-388, S. 8; P.A. 03-202, S. 3; 03-244, S. 9; P.A. 04-109, S. 1.)
History: P.A. 83-285 changed Subsec. (b) to require that a certified copy of a conviction rather than a copy of a citation
be sent to the commissioner and to specify that no charge will be levied for sending the copy; P.A. 89-388 amended Subsec.
(a) to terminate provisions on or before January 1, 1991, and amended Subsec. (b) to require that copies of convictions be
sent within thirty days of conviction; P.A. 03-202 replaced former Subsec. (b) re certified copy of conviction with new
Subsec. (b) re notice of conviction; P.A. 03-244 made technical changes in Subsec. (a) and amended former Subsec. (b)
to include reference to Secs. 15-140l and 15-140n, which amendment to former Subsec. (b) failed to take effect because
of replacement made by P.A. 03-202; P.A. 04-109 amended Subsec. (b) to add reference to Secs. 15-140l and 15-140n,
effective May 21, 2004.
Sec. 15-134. Water skiing. Jumps and courses for skiers and vessels. (a) No
person shall operate a motorboat towing a water skier unless there is present in such
motorboat, in addition to the operator, a responsible person at least twelve years of age
assisting the operator and observing the progress of such water skier.
(b) No person shall engage in water skiing and no person shall operate a motorboat
towing a person so engaged on any water area on which water skiing is prohibited.
(c) No person shall engage in water skiing from one-half hour after sunset until
sunrise or when weather conditions restrict normal visibility to less than one hundred
yards.
(d) No person shall engage in water skiing in such manner as to strike or threaten
to strike any person or vessel and no person shall operate a motorboat or manipulate a
tow line or other towing device in such manner as to cause a water skier to strike or
threaten to strike another person or vessel.
(e) The commissioner may modify or suspend the provisions of this section in respect to any person performing or competing in a bona fide race, regatta, water carnival
or similar public event.
(f) (1) No individual, municipality, association or corporation shall place or cause
to be placed on the waters of this state any marked course or jump ramp for use by any
water skier or vessel without written authorization of the commissioner except on lakes
or ponds owned by, and whose access is entirely under the control of, private landowners
or lessees who all agree to the establishment of such course or ramp. On and after October
1, 1993, no new authorization shall be granted on any body of water with a surface
area less than one hundred acres. Application for authorization shall be made on forms
provided by the commissioner and shall be accompanied by: (A) A detailed map showing
the proposed location of such marked course or jump ramp, (B) a detailed diagram of
the proposed course markers or jump ramp, and (C) a detailed statement addressing the
safety and environmental impact of such proposal.
(2) The commissioner shall hold an informational meeting in the town or one of
the towns in which authorization is sought, giving all towns involved and all interested
persons an opportunity to present their views regarding the proposed marked course or
jump ramp. Any such informational meeting shall not be deemed to be a hearing under
the provisions of chapter 54. Prior to issuing or denying such authorization the commissioner shall consider: (A) The completeness, accuracy and detail of the application, (B)
public safety, (C) any environmental impacts directly related to the proposed marked
course or jump ramp, and (D) the possible conflicts with other water uses.
(3) Any authorization issued by the commissioner pursuant to this subsection may
contain such conditions as the commissioner deems necessary to safeguard public safety,
welfare or the environment.
(1961, P.A. 520, S. 14; 1971, P.A. 872, S. 379; P.A. 73-257, S. 5, 27; P.A. 76-381, S. 24; P.A. 83-285, S. 3; P.A. 93-238, S. 1; P.A. 03-244, S. 15; P.A. 04-109, S. 2.)
History: 1971 act replaced "commission", i.e. boating commission, with "commissioner", i.e. commissioner of environmental protection; P.A. 73-257 deleted reference to operation of boat towing skier in Subsec. (c) and changed prohibition
from one hour to one-half hour after sunset and included in prohibition skiing when visibility less than one hundred yards;
P.A. 76-381 inserted new Subsec. (e) making violation an infraction and relettered former Subsec. (e) as Subsec. (f); P.A.
83-285 repealed Subsec. (e) which had made violation of Subsecs. (a), (b) and (d) an infraction, relettering former Subsec.
(f) accordingly; P.A. 93-238 added Subsec. (f) re jumps and courses for skiers and vessels; P.A. 03-244 amended Subsec.
(f) to add "municipality" in Subdiv. (1), change requirement of a public hearing to an informational meeting in Subdiv.
(2) and add Subdiv. (3) re conditions contained in commissioner's authorization; P.A. 04-109 amended Subsec. (f)(2) to
make a technical change, effective May 21, 2004.
Sec. 15-135. Position of scuba divers to be marked. Safe operating distance
for vessels. (a) No person shall engage in underwater swimming or diving using a self-contained underwater breathing apparatus or other artificial breathing device in any
state or federal water without marking his position with a clearly discernible flag, buoy
or other device which the commissioner approves or prescribes. No person when so
engaged shall surface more than fifty feet from such marker, except in cases of emergency.
(b) Not more than four persons shall use the same marking device simultaneously,
except when engaged in underwater swimming or diving from an anchored boat displaying such marking device, in which case the number of persons using the same
marking device shall be limited to the legal capacity of such boat.
(c) No person shall operate a vessel or cause any person on water skis to pass within
one hundred feet of a device marking the location of an underwater swimmer or diver.
(d) Violation of any provision of this section shall be an infraction.
(1961, P.A. 520, S. 15; P.A. 76-381, S. 25; P.A. 77-190; P.A. 93-238, S. 5.)
History: P.A. 76-381 added Subsec. (c) making violation an infraction; P.A. 77-190 replaced "commission", i.e. boating
commission, with "commissioner", i.e. environmental protection commissioner, inserted new Subsec. (b) re multiple use
of marking device and relettered Subsecs. (b) and (c) as (c) and (d); P.A. 93-238 amended Subsec. (c) to increase the safe
operating distance for vessels to dive markers from fifty to one hundred feet.
See chapter 881b re infractions of the law.
Sec. 15-136. Ordinances and regulations. (a) Any town, by ordinance, may make
local regulations respecting the operation of vessels on any body of water within its
territorial limits. Upon adoption, each such ordinance shall be submitted to the commissioner and, if not disapproved by him within sixty days thereafter, shall take effect
as provided in subsection (c) of this section. The commissioner may disapprove any
ordinance or part thereof which he finds to be arbitrary, unreasonable, unnecessarily
restrictive, inimical to uniformity or inconsistent with the policy of this part.
(b) The commissioner may adopt regulations, in accordance with the provisions of
chapter 54, respecting the operation of vessels on any body of water which lies within
the territorial limits of two or more towns (1) when no local regulations exist or (2)
when such action is required to establish uniformity in the boating regulations of the
several towns. Any town, by vote of its legislative body, and any group of ten or more
interested persons may petition the commissioner for the adoption, amendment or repeal
of the regulations. The commissioner shall hold a public hearing on each such petition
in the petitioning town or in one of the towns which will be affected, giving all interested
persons an opportunity to present their views. Notice of such hearing, stating the date,
time and place thereof and the substance of the proposed regulation, shall be published
at least ten days prior thereto in a newspaper of general circulation in the town or towns
which will be affected.
(c) All regulations adopted pursuant to the provisions of this section shall take effect
upon their publication and posting as required by section 15-138.
(1961, P.A. 520, S. 16; 1971, P.A. 872, S. 380; P.A. 91-91, S. 1, 3.)
History: 1971 act replaced "commission", i.e. boating commission, with "commissioner", i.e. environmental protection
commissioner; P.A. 91-91 deleted reference to "special" regulations, eliminated requirement of finding of emergency by
commissioner and made the regulations adopted pursuant to this section effective upon their publication and posting
pursuant to Sec. 15-138 where previously effective on the April first following adoption except in emergency situations.
Sec. 15-136a. Compliance with certain engine size requirements. In complying
with the requirements of any statute, regulation or ordinance restricting the horsepower
or size of the engine on any vessel while being operated on an inland body of water, a
person may (1) in the case of an outboard motor, remove the propeller from the boat's
engine and incline the engine out of the water so that the absence of the propeller is
clearly visible, or (2) in the case of an inboard motor, remove the propeller from the
boat's engine and incline or trim the engine to an upright position. This section shall
not be construed to allow vessels with the gasoline-powered engines on bodies of water
where such engines are not allowed.
(P.A. 99-219, S. 2, 3.)
History: P.A. 99-219 effective July 1, 1999.
Sec. 15-137. Enforcement. Section 15-137 is repealed.
(1961, P.A. 520, S. 17; 1963, P.A. 552, S. 1; 1967, P.A. 170, S. 2.)
See Sec. 15-154.
Sec. 15-138. Publication of laws, regulations and ordinances. On or before the
first day of April annually the commissioner shall publish in pamphlet form and distribute all general and special laws and all regulations and ordinances adopted or approved
by him pertaining to or affecting boating and boating activities, or a digest or resume
of such laws, regulations and ordinances, together with information respecting rules,
forms and procedures prescribed by him for the administration of this part. No regulation
or ordinance shall take effect until so published and distributed, except that in the case
of any regulation or ordinance adopted pursuant to section 15-136 not contained in such
pamphlet because of its recent adoption, the commissioner or municipality, as the case
may be, shall publish notice of the regulation or ordinance in a newspaper of general
circulation, in the town or towns affected, and shall also post the affected area. The
commissioner may, in accordance with the provisions of chapter 54, adopt regulations
to specify posting techniques to comply with this section.
(1961, P.A. 520, S. 18; 1971, P.A. 872, S. 381; P.A. 73-257, S. 6, 27; P.A. 91-91, S. 2, 3.)
History: 1971 act replaced "commission", i.e. boating commission, with "commissioner", i.e. "environmental protection
commissioner"; P.A. 73-257 made provisions re pamphlet contents specifically applicable to orders, regulations, etc.
adopted, approved or prescribed by commissioner; P.A. 91-91 deleted reference to emergency certification by commissioner and provided for publication and posting of notice of adoption of regulations.
Sec. 15-139. Penalties. (a) Any person who violates any provision of section 15-132 or section 15-134 shall be fined not more than one hundred dollars.
(b) Any person who violates any other provision of this part for which no penalty
is provided shall be fined not more than one hundred dollars.
(1961, P.A. 520, S. 19; P.A. 76-381, S. 26; P.A. 83-285, S. 4.)
History: P.A. 76-381 deleted Subsec. (a) which had imposed twenty-five dollar maximum penalty for violation of
specified provisions and relettered Subsecs. (b) and (c) accordingly; P.A. 83-285 amended Subsec. (a) by eliminating
application of the fine to Subdiv. (e) of Sec. 15-133 or Subsec. (c) of Sec. 15-134.
Sec. 15-140. Special acts and ordinances superseded. All special acts and municipal ordinances inconsistent with the provisions of this part are superseded and shall be
of no force or effect.
(1961, P.A. 520, S. 20.)
Sec. 15-140a. Commissioner of Environmental Protection as attorney for service of process on nonresident. Any person not a resident of this state who causes a
vessel to be operated upon any waters which are subject to the jurisdiction of this state
shall be deemed to have appointed the Commissioner of Environmental Protection as
his attorney and to have agreed that any process in any civil action brought against him
because of alleged negligence in the operation of a vessel upon any such waters may
be served upon the commissioner and shall have the same validity as if served upon the
nonresident personally. Such process shall be served by the officer to whom it is directed
upon the commissioner by leaving with him at his office, at least twelve days before
the return day of such process, a true and attested copy thereof, and by sending to the
defendant, by registered or certified mail, postage prepaid, a like true and attested copy
with an endorsement thereon of the service upon the commissioner, addressed to such
nonresident at his last-known address. The officer serving such process upon the commissioner shall leave with him, at the time of service, a fee of two dollars, which fee
shall be taxed in favor of the plaintiff in his costs if he prevails in the action. The commissioner shall keep a record of such process and the day and hour of service. The provisions
of this section shall not apply to vessels having a valid marine document issued by the
United States or a foreign government.
(1963, P.A. 222; 1971, P.A. 872, S. 382.)
History: 1971 act replaced commissioner of agriculture and natural resources with commissioner of environmental
protection.
Sec. 15-140b. Marine parades, regattas, races, tournaments or exhibitions.
Warning devices. Penalty. Written permission shall be obtained from the commissioner at least thirty days in advance for any marine parade, regatta, race, tournament
or exhibition to be held on state waters, as defined in section 15-127, or, by agreement
between the United States Coast Guard and the commissioner, on federal waters, as
defined in said section 15-127. The commissioner may grant season permits. Any person
who obtains such permission shall be responsible for providing reasonable protection
as prescribed by the commissioner and for taking reasonable precautions to safeguard
persons and property. During any authorized event, the commissioner may require the
person conducting it to conspicuously display one or more warning flags, warning buoys
or warning signs as prescribed by the commissioner. When such warning devices are
displayed, no watercraft not participating in the event shall cross the course or area of
the event, except in an emergency. The warning devices shall be removed for reasonable
periods of time during the event to allow nonparticipating watercraft to pass through
the area. Any person who violates any provision of this section shall be subject to the
penalty in subsection (b) of section 15-139.
(1967, P.A. 241; 1971, P.A. 872, S. 383; P.A. 84-546, S. 47, 173; P.A. 97-72, S. 2.)
History: 1971 act substituted "commissioner", i.e. environmental protection commissioner, for "boating commission"
and "commission"; P.A. 84-546 made technical change, substituting reference to Subsec. (b) for reference to Subsec. (c)
of Sec. 15-139; P.A. 97-72 amended time period re written permission from "fifteen days in advance" to "thirty days in
advance", applied permission provision to events held by agreement between the United States Coast Guard and commissioner on federal waters, deleted requirement that person conducting event conspicuously display warning flags and substituted provision allowing the commissioner to require display of warning flags, warning buoys or warning signs, and
substituted "warning devices" for existing references to "warning flags".
Sec. 15-140c. Abandonment of vessel. (a) No person shall abandon any vessel on
the waters of this state or upon property other than his own without the consent of the
owner thereof. For the purposes of this section, a vessel shall be presumed to be abandoned if left on the waters of this state not moored, anchored or made fast to the shore
and unattended for a period greater than twenty-four hours, or left upon property other
than his own without the consent of said property owner for a period greater than twenty-four hours. The last owner of record of a vessel at the time it was abandoned shall be
presumed to be the person who abandoned the same or caused or procured its abandonment.
(b) Any officer authorized to enforce the provisions of this chapter upon discovery
of any vessel apparently abandoned, whether situated on or out of the waters of the state,
may take such vessel into his custody and may cause the same to be taken to and stored
in a suitable place. There shall be no liability attached to such officer for any damages
to such vessel while in his custody. All charges necessarily incurred by such officer in
the performance of such duty shall be a lien upon such vessel. The owner or keeper of
any marina or other place where such vessel is stored shall have a lien upon the same
for his storage charges and if such vessel has been stored for a period of not less than
sixty days, such owner or keeper may sell the same for storage charges owed thereon,
provided a notice of intent to sell shall be sent to the Commissioner of Environmental
Protection, the Commissioner of Motor Vehicles, Commissioner of Transportation and
the owner of such vessel, if known, five days before the sale of such vessel. If the
owner is unknown, such sale shall be advertised in a newspaper published or having a
circulation in the town where such marina or other place is located three times, commencing at least five days before the sale. The proceeds of such sale, after deducting the
amount due such marina owner or keeper and all expenses of the officer who placed such
vessel in storage, shall be paid to the owner of such vessel or his legal representatives, if
claimed by him or them at any time within one year from the date of such sale. If such
balance is not claimed within said period, it shall escheat to the state.
(P.A. 73-257, S. 22, 27.)
Sec. 15-140d. Obstruction to navigation or public use of waters prohibited.
Remedies. No person shall place or cause to be placed any marker, raft, dockslip, ski
jump or similar structure upon the state's waters so as to create an obstruction or menace
to navigation or a hindrance to the public use of such waters. If the Commissioner of
Transportation determines that any such structure constitutes a hazard in tidal waters,
he may order the owner to dismantle or remove the structure or to take other measures
to eliminate the danger. If the Commissioner of Environmental Protection determines
that any such structure constitutes such a hazard in the state's waters other than tidal
waters, he may order the owner to dismantle or remove the structure or to take other
measures to eliminate the danger.
(P.A. 73-257, S. 23, 27; P.A. 74-338, S. 27, 94; P.A. 75-455, S. 1, 2.)
History: P.A. 74-338 replaced commissioner of environmental protection with commissioner of transportation; P.A.
75-455 made fifteen-day deadline applicable to filing rather than to mailing of forms.
Sec. 15-140e. Safe boating certificate. (a) On and after the following dates, no
resident of the state, person owning real property in the state or person owning a vessel
in the state shall operate on the waters of the state a vessel which is required to be
registered or numbered pursuant to this chapter unless such person has a valid vessel
operator license by the United States Coast Guard or has obtained a safe boating certificate issued by the Commissioner of Environmental Protection: For operators who are
less than twenty years of age, June 23, 1993; for operators who are less than twenty-five years of age, October 1, 1993; for operators who are less than thirty years of age,
October 1, 1994; for operators who are less than thirty-five years of age, October 1,
1995; for operators who are less than forty years of age, October 1, 1996; and for all
operators forty years of age or older, October 1, 1997. Notwithstanding the provisions
of this section, the commissioner may issue a certificate to a person who has successfully
completed a course in safe boating operation approved by the commissioner before the
date such person is required to take the exam under this section. A safe boating certificate
may be suspended or revoked, pursuant to section 15-133, 15-140l or 15-140n, and shall
be valid for the life of the person to whom it is issued unless otherwise suspended or
revoked.
(b) A certificate shall be issued under subsection (a) to any applicant regardless of
age who provides proof that he has (1) successfully completed a course in safe boating
operation approved by the Commissioner of Environmental Protection, which may include those offered by the United States Power Squadron, Coast Guard Auxiliary or other
organizations, (2) successfully passed an equivalency examination testing knowledge of
safe boating operation administered by the commissioner, (3) owned a vessel which
was registered or numbered pursuant to this chapter in his name as an individual during
any period in the five years preceding October 1, 1992, or (4) been a member during
any period in the five years preceding October 1, 1992, of the United States Power
Squadron or United States Coast Guard Auxiliary. On and after October 1, 1997, no
certificate shall be issued pursuant to subdivisions (3) and (4) of this subsection.
(c) Notwithstanding subsection (a) of this section, any person who purchases a new
or used vessel after July 11, 1991, may, upon vessel registration, apply to the department
for a temporary safe boating certificate which shall be valid for six months from the
date of registration. No person shall be issued more than one temporary safe boating
certificate.
(d) Any person operating a vessel other than a personal watercraft, as defined in
section 15-140j, which is rented for a period of fourteen days or less from a person or
organization engaged in the commercial rental of vessels need not obtain a certificate
during the rental period. Persons or organizations engaged in the commercial rental of
vessels shall furnish to each rental customer literature on safety and rules of navigation
as supplied by the commissioner.
(e) Any person who violates any provision of this section shall be fined not less
than sixty nor more than two hundred fifty dollars for each such violation.
(f) Any course in safe boating operation approved by the Commissioner of Environmental Protection, as described in subsection (b) of this section, shall include instruction
on the proper means of: (1) Inspecting a vessel and trailers used for transporting such
vessels for the presence of vegetation; and (2) properly disposing of such vegetation.
(P.A. 89-388, S. 1; P.A. 90-274, S. 7, 14; P.A. 91-408, S. 11, 18; P.A. 93-238, S. 2, 6; P.A. 95-145, S. 2, 3; P.A. 03-136, S. 5; 03-244, S. 8.)
History: P.A. 90-274 in Subsec. (a) changed effective date from the effective date of the regulations to on or after
January 1, 1992, and clarified that the section applies to a vessel powered by a motor in excess of twenty-five horsepower
or a sailboat nineteen and one-half feet or more in length, in Subsec. (b) changed effective date from January 1, 1991, to
January 1, 1992, in Subsec. (c) changed effective date from on or after January 1, 1991, to period from January 1, 1992,
to September 30, 1993, and added new Subsec. (d) requiring applicants to complete a course in safe boat operation and
relettering the remaining Subsec.; P.A. 91-408 (1) amended Subsec. (a) by replacing "certificate of boating operation"
with "safe boating certificate", providing that the certificate be issued by the commissioner of motor vehicles, deleting the
provision limiting applicability to the operation of a vessel powered by a motor in excess of twenty-five horsepower or a
sailboat nineteen and one-half feet or more in length, replacing the effective date of on and after January 1, 1992, with a
staggered schedule commencing October 1, 1992, based on the ascending age of the operator, authorizing the commissioner
to issue a certificate to a person who has successfully completed a course in safe boating operation prior to his examination
date, and providing that the certificate is nonrevocable, (2) amended Subsec. (b) by providing in Subdiv. (1) that the course
may include those offered by the United States Power Squadron, Coast Guard Auxiliary or other organizations, providing
in Subdiv. (2) that the examination be administered by the department of motor vehicles, replacing in Subdiv. (3) "a
registered or numbered vessel during any period in the five years preceding January 1, 1992" with "a vessel which was
registered or numbered pursuant to this chapter in his name as an individual during any period in the five years preceding
October 1, 1992", adding Subdiv. (5) re membership in the United States Power Squadron or United States Coast Guard
Auxiliary, and adding provision prohibiting the issuance of a certificate pursuant to Subdivs. (3) and (5) on and after
October 1, 1997, (3) amended Subsec. (c) by replacing provisions requiring an applicant to pass an examination or complete
a safe boating course with provisions authorizing the issuance of a temporary certificate to a person who purchases a new
or used vessel after July 11, 1991, (4) amended Subsec. (d) by replacing provision prohibiting issuance of certificate on
and after October 1, 1993, unless the applicant has completed a safe boating course with provision exempting operators
of rented vessels from certificate requirement and requiring persons or organizations engaged in the commercial rental of
vessels to furnish customers boating safety literature, and (5) amended Subsec. (e) by decreasing the minimum fine from
one hundred to sixty dollars and the maximum fine from five hundred to two hundred dollars; P.A. 93-238 transferred
authority to issue safe boating certificates from the commissioner of motor vehicles to the commissioner of environmental
protection and amended Subsec. (c) to specify that no person may be issued more than one temporary certificate, effective
June 23, 1993; P.A. 95-145 amended Subsecs. (a) and (b) to exempt holders of Coast Guard vessel operator's license from
requirements of this section; P.A. 03-136 added Subsec. (f) re instruction on inspection for and disposal of vegetation,
effective June 26, 2003; P.A. 03-244 amended Subsec. (a) to provide for suspension or revocation of a safe boating
certificate.
See Sec. 15-180 re transporting vessels or trailers without inspecting for properly removing and disposing of vegetation.
Sec. 15-140f. Courses in safe boating operation. Regulations. Reciprocity. (a)
The Commissioner of Environmental Protection shall formulate courses in safe boating
operation.
(b) The commissioner shall adopt regulations, in accordance with the provisions of
chapter 54, setting forth the content of safe boating operation courses. Such regulations
may include provisions for examinations, issuance of safe boating certificates and establishment of reasonable fees for the course and examination and for issuing certificates,
temporary certificates and duplicate certificates. Any fees collected pursuant to such
regulations shall be deposited in the boating account established pursuant to section
15-155.
(c) Any person who holds a certificate from another state that has a reciprocal
agreement with the commissioner may operate a vessel on the waters of this state.
(P.A. 89-388, S. 2, 27; P.A. 91-408, S. 12, 18; P.A. 00-152, S. 4; P.A. 01-105, S. 10.)
History: P.A. 91-408 amended Subsec. (b) to replace "certificates of boating operation" with "safe boating certificates"
and authorize the regulations to include provisions for the establishment of a fee for the issuance of a temporary certificate,
and added Subsec. (c) re reciprocity; (Revisor's note: In 1997 a reference in Subsec. (b) to "Boating Fund" was changed
editorially by the Revisors to "boating account" to conform section to Sec. 15-155); P.A. 00-152 amended Subsec. (c) by
deleting language authorizing department to enter into reciprocal agreements and language re successfully completing
safe boating course; P.A. 01-105 made technical changes.
Sec. 15-140g. Safe boating certificate to be carried on board vessel. (a) Any
person required to obtain a safe boating certificate pursuant to section 15-140e shall
have such certificate on board at all times while operating a vessel. On demand of an
officer authorized to enforce the provisions of this chapter, such person shall exhibit
the certificate to the officer.
(b) Any person who violates any provision of this section shall be fined not less
than sixty dollars nor more than two hundred fifty dollars for each violation.
(P.A. 89-388, S. 3; P.A. 90-274, S. 8, 14; P.A. 91-408, S. 13, 18.)
History: P.A. 90-274 in Subsec. (a) changed effective date from January 1, 1991, to January 1, 1992, and specified that
the section applies to a vessel which is powered by a motor in excess of twenty-five horsepower or a sailboat nineteen and
one-half feet or more in length; P.A. 91-408 replaced provision requiring residents and persons owning real property in
this state who operate specified vessels on or after January 1, 1992, to have on board a certificate of boating operation with
provision requiring any person required to obtain a safe boating certificate pursuant to Sec. 15-140e to have such certificate
on board at all times while operating a vessel, and replaced the penalty of an infraction with a fine of not less than sixty
nor more than two hundred fifty dollars.
Sec. 15-140h. Operation of vessel by person less than twelve years of age. No
person less than twelve years of age shall operate a motor powered vessel exceeding
ten horsepower unless accompanied on board by person at least eighteen years of age
who has been issued a safe boating certificate.
(P.A. 89-388, S. 4; P.A. 91-408, S. 14, 18.)
History: P.A. 91-408 limited prohibition to motor powered vessel "exceeding ten horsepower", replaced "person more
than eighteen years of age" with "person at least eighteen years of age" and replaced "certificate of boating operation"
with "safe boating certificate".
Sec. 15-140i. Suspension of certificate of boating operation. Regulations. Section 15-140i is repealed.
(P.A. 89-388, S. 5; P.A. 91-408, S. 17, 18.)
Sec. 15-140j. Certificate of personal watercraft operation. Regulations. Suspension. (a) As used in this section, "personal watercraft" is any inboard powered vessel
less than sixteen feet in length which has an internal combustion engine powering a
water-jet pump as its primary source of motor propulsion and which is designed to be
operated by a person sitting, standing or kneeling on the vessel, rather than the conventional manner of sitting or standing inside the vessel.
(b) On and after June 23, 1993, no person shall operate a personal watercraft unless
he has successfully completed a course in safe personal watercraft handling approved
by the Commissioner of Environmental Protection and has been issued a certificate
of personal watercraft operation by the Commissioner of Environmental Protection.
Notwithstanding the provisions of this section, the commissioner may modify or suspend
requirements for a certificate of personal watercraft operation by written authorization
with respect to any marine event authorized by the commissioner or upon receipt of a
copy of the United States Coast Guard authorization for a marine event.
(c) The commissioner may adopt regulations in accordance with the provisions of
chapter 54 establishing the content of courses in safe personal watercraft handling. Such
regulations may include provisions for examinations, issuance of certificates of personal
watercraft operation and establishment of a reasonable fee for such course and examination and for the issuance of a certificate and duplicate certificate. Any fee collected
pursuant to regulations adopted under this section shall be deposited in the boating
account established pursuant to section 15-155.
(d) Notwithstanding subsection (b) of this section, any person who purchases a new
or used personal watercraft after May 20, 1994, may, upon vessel registration, apply to
the Commissioner of Environmental Protection for a temporary certificate of personal
watercraft operation which shall be valid for six months from the date of registration,
provided the applicant has successfully completed a course in safe personal watercraft
handling prior to application for the temporary certificate. No person shall be issued
more than one temporary certificate of personal watercraft operation.
(e) The commissioner may enter into a reciprocal agreement with any other state
which has a similar safe personal watercraft handling certificate program which the
commissioner deems acceptable for purposes of this subsection. Any person who successfully completes a course in safe personal watercraft handling and holds a certificate
or license from another state which has such a reciprocal agreement with the commissioner may operate a personal watercraft on the waters of this state.
(f) Any person required to obtain a certificate of personal watercraft operation pursuant to this section shall have such certificate on board at all times while operating a
personal watercraft. On demand of an officer authorized to enforce the provisions of
this chapter, such person shall exhibit the certificate to the officer.
(g) Any person who violates any provision of this section shall be fined not less
than sixty dollars nor more than two hundred fifty dollars for each such violation.
(h) A certificate of personal watercraft operation may be suspended or revoked in
accordance with the provisions of section 15-133, 15-140l or 15-140n.
(P.A. 89-388, S. 6; P.A. 90-274, S. 10, 14; P.A. 91-408, S. 15, 18; P.A. 93-238, S. 3, 6; P.A. 94-110, S. 4, 5; P.A. 95-145, S. 1, 3; P.A. 97-72, S. 1, 4; P.A. 03-244, S. 12.)
History: P.A. 90-274 in Subsec. (b) changed effective date from January 1, 1991, to January 1, 1992; P.A. 91-408
amended Subsec. (b) to change effective date from January 1, 1992, to October 1, 1992, and provide that the certificate is
issued by the department of motor vehicles, amended Subsec. (c) to authorize the regulations to include provisions for
examinations, the issuance of certificates of personal watercraft operation and the establishment of a fee for such examination, and amended Subsec. (d) to delete the requirement that the violation be done "wilfully", decrease the minimum fine
from one hundred to sixty dollars and increase the maximum fine from two hundred to two hundred fifty dollars; P.A. 93-238
transferred authority to issue certificates under this section from the commissioner of motor vehicles to the commissioner of
environmental protection, effective June 23, 1993; P.A. 94-110 amended Subsec. (a) to specify that personal watercraft
are powered vessels less than sixteen feet long and to distinguish their operation from the conventional manner of vessel
operation, amended Subsec. (b) to provide for modification or suspension of certification requirements in certain circumstances, added a new Subsec. (d) re temporary certificates and relettered the former Subsec. (d) accordingly, effective May
20, 1994; P.A. 95-145 inserted new Subsec. (e) re the carrying of the certificate on board the craft and relettered former
Subsec. (e) as (f), effective June 28, 1995 (Revisor's note: A reference in Subsec. (c) to "Boating Fund" was replaced
editorially by the Revisors with "boating account" to conform section with Sec. 15-155); P.A. 97-72 inserted new Subsec.
(e) re reciprocal agreements with other states for certification of personal watercraft operators and relettered existing
Subsecs. (e) and (f) as (f) and (g), respectively, effective May 27, 1997; P.A. 03-244 added Subsec. (h) re suspension or
revocation of certificate.
Sec. 15-140k. Reckless operation of a vessel in the first degree. (a) A person
commits the offense of reckless operation of a vessel in the first degree when he operates
a vessel at such speed or maneuvers a vessel in such a manner as to result in (1) death
or serious physical injury to another person or (2) damage to property in excess of one
thousand dollars.
(b) Any person guilty of reckless operation of a vessel in the first degree shall be
fined not less than one hundred dollars nor more than one thousand dollars or imprisoned
not more than six months, or both.
(P.A. 89-388, S. 11, 27.)
Sec. 15-140l. Reckless operation of a vessel in the first degree while under the
influence of intoxicating liquor or drugs. (a) A person commits the offense of reckless
operation of a vessel in the first degree while under the influence when, while under the
influence of intoxicating liquor or any drug, or both, or while such person has an elevated
blood alcohol level content, such person operates a vessel at such speed or maneuvers
a vessel in such a manner as to result in (1) death or serious physical injury to another
person, or (2) damage to property in excess of two thousand dollars.
(b) Any person guilty of reckless operation of a vessel in the first degree while under
the influence shall be fined not less than two thousand five hundred dollars or more than
five thousand dollars or imprisoned not more than two years, or both.
(P.A. 89-388, S. 12, 27; P.A. 03-244, S. 2; P.A. 04-257, S. 25.)
History: P.A. 03-244 amended Subsec. (a) to include the offense of operating a vessel with an elevated blood alcohol
level, make technical changes and increase the property damage amount from one thousand to two thousand dollars and
amended Subsec. (b) to increase the minimum fine from five hundred to two thousand five hundred dollars, the maximum
fine from one thousand to five thousand dollars and the maximum imprisonment period from one year to two years; P.A.
04-257 made a technical change in Subsec. (b), effective June 14, 2004.