Chapter 252
2021 -- H 6445
Enacted 07/14/2021

A N   A C T
RELATING TO WATERS AND NAVIGATION -- PERSONAL WATERCRAFT SAFETY ACT

Introduced By: Representative Sherry Roberts

Date Introduced: June 17, 2021

It is enacted by the General Assembly as follows:
     SECTION 1. Section 46-27-2 of the General Laws in Chapter 46-27 entitled "Personal
Watercraft Safety Act" is hereby amended to read as follows:
     46-27-2. Regulation of personal watercraft.
     (a) No person shall operate a personal watercraft at any time between the hours from one-
half (1/2) hour after sunset to one-half (1/2) hour before sunrise; provided, that police and fire
department personnel on official duty may operate personal watercraft with proper equipment and
lighting and are exempted from the provisions of this subsection.
     (b) A personal watercraft must at all times be operated in a reasonable and prudent manner.
Maneuvers which that unreasonably or unnecessarily endanger life, limb, or property, including,
but not limited to, weaving through congested vessel traffic, circling a larger vessel unreasonably
or jumping the wake of another vessel unreasonably, constitutes reckless operation of a vessel and
are prohibited.
     (c) No person under the age of sixteen (16) shall operate a personal watercraft on the waters
of the state unless an adult accompanies him or her or unless he or she has passed a department of
environmental management approved or United States Coast Guard approved safety course.
     (d) It is unlawful for the owner of any personal watercraft or any person having charge
over or control of a personal watercraft to authorize or knowingly permit the watercraft to be
operated by a person under sixteen (16) years of age in violation of this section unless the provisions
of subsection (c) are met.
     (e) No person shall operate a personal watercraft within two hundred feet (200') of
swimmers, divers, shore, or moored vessels, except at headway speed.
     (f) Personal watercraft, when launched from shore or returning to shore, must proceed
directly to the area where operation is allowed in a direction as near perpendicular as possible, not
in excess of headway speed.
     (g) No person shall operate a personal watercraft unless he or she and any passenger is
wearing a personal flotation device which is approved by the United States Coast Guard.
     (h) No person shall operate any personal watercraft in a reckless manner so as to endanger
the life, limb, or property of another.
     (i) No person shall operate any personal watercraft unless it is numbered in accordance
with § 46-22-4.
     (j) A person operating a personal watercraft equipped by the manufacturer with a lanyard-
type engine cutoff switch must attach the lanyard to his or her person, clothing, or personal flotation
device as appropriate for the specific vessel.
     (k) The towns of Charlestown and Westerly have joint jurisdiction over any waters that
transcend both jurisdictions, may enter into a binding memorandum pursuant to § 46-23-15.1, and
are hereby authorized to provide, by ordinance, regulations controlling the use of personal
watercraft within their jurisdictions. The ordinances may include a ban or limitation on operation
on:
     (1) Waterbodies which that are less than three hundred (300) acres in size, or four hundred
(400) feet (400’) in width;
     (2) Waterbodies upon which a tradition of swimming, shellfishing, fishing, paddle sports,
or small craft rowing or sailing exist exists;
     (3) Waterbodies which that can be demonstrated to be ecologically sensitive;
     (4) Waterbodies or portions of them surrounded or bordered by significant concentrations
of residential development;
     (5) Waterbodies where a history of powerboat regulation already exists; or
     (6) Waterbodies where navigational considerations due to congestion can be shown to
exist.
     (l) The department of environmental management shall review and grant final approval of
municipal regulations adopted pursuant to this subsection section.
     (m) The town of Coventry is hereby authorized to provide, by ordinance, regulations
controlling the use of personal watercraft on Tiogue Lake. The ordinances may include a ban or
limitation on operation on Tiogue Lake.
     (n) The towns of South Kingstown, Narragansett, Middletown, and North Kingstown are
hereby authorized to provide, by ordinance, regulations controlling the use of personal watercraft
on any or all fresh or inland waters of this town. The ordinances may include a ban or limitation of
personal watercraft on any waters in this town. To the extent that any body of water may transcend
more than one of the towns set forth in this section, each town shall have joint jurisdiction over the
body or bodies of water and may enter into a binding memorandum pursuant to § 46-23-15.1
regarding each town's joint jurisdiction over the body or bodies of water.
     (o) The town of Narragansett is hereby authorized to provide, by ordinance, regulations
controlling the use of personal watercraft on any or all fresh or inland waters of this town. The
ordinances may include a ban or limitation of personal watercraft on any waters in this town. To
the extent that any body of water may transcend more than one of the towns set forth in this section,
each town shall have joint jurisdiction over the body or bodies of water and may enter into a binding
memorandum pursuant to § 46-23-15.1 regarding each town's joint jurisdiction over the body or
bodies of water.
     (p) The town of South Kingstown is hereby authorized to provide, by ordinance,
regulations controlling the use of personal water craft watercraft on Narrow River and Green Hill
Pond. To the extent that Narrow River transcends the towns of South Kingstown, North Kingstown,
and Narragansett, each town shall have joint jurisdiction over such body of water and may enter
into a binding memorandum pursuant to § 46-23-15.1 regarding each town's joint jurisdiction over
such body of water.
     (q) The town of West Greenwich is hereby authorized to provide, by ordinance, regulations
controlling the use of personal watercraft on any or all fresh or inland waters of this town. The
ordinances may include a ban or limitation of personal watercraft on any waters in this town.
     SECTION 2. This act shall take effect upon passage.
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LC003028
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