This is about to get pushed down our throats here in Alabama. Meeting is this Saturday!
LEGAL SECTION DRAFT 08/26/2008
STATE OF ALABAMA REGULATION 2008¬-MP¬-1
(Marine Police)
MONTGOMERY COUNTY
By authority vested in me as Commissioner of Conservation and Natural Resources of the State of Alabama as provided for by §33-5-62, Code of Alabama 1975, I do hereby establish, proclaim and promulgate the following regulation, which has the force and effect of law:
Section 1. Rule 220¬-6¬-.60, entitled "Speed Restrictions” is hereby adopted, to read as follows:
“220¬-6¬-.60 Speed Restrictions
(a) Except as provided in paragraph (b), no person shall operate any “vessel” (as defined in §33-5-3, Code of Alabama 1975) or tow a person or persons on water skis, an aquaplane, a surfboard, or any similar device on the “waters of this state” (as defined in §33-5-3, Code of Alabama 1975) at a speed greater than 60 miles per hour during daylight hours or 40 miles per hour at night or during inclement weather, or greater than idle speed within 50 feet of any vessel which is moored, anchored, or adrift, or greater than idle speed within 75 feet of any wharf, dock, pier, piling, person in the water, or shoreline adjacent to a full-time or part-time residence, public park, public beach, public swimming area, marina, restaurant, or other public use area.
(b) In the “waters of this state” where the distance from shoreline to shoreline or bank to bank is less than or equal to 200 feet, no person shall operate any “vessel” at a speed greater than 40 miles per hour.
( c) This regulation shall not be interpreted to prohibit any person from initiating or terminating water skiing from any wharf, dock, or pier nor shall it be interpreted to prohibit the immediate return of a tow vessel to a downed water skier. The above restrictions shall not apply to ocean-going ships or to tugboats or other powered vessels which are assisting ocean-going ships during transit or during docking or undocking maneuvers, or to the operation of vessels on the Intracoastal Waterway.
(d) Nothing in this regulation shall be construed to exempt any person from compliance with all other safety laws and regulations or other requirements of law for the operation of vessels.
(e) Any person violating any of the provisions of this regulation shall be punished as provided by §33-5-62, Code of Alabama 1975.”
Section 2. This regulation shall become effective on the 36th day after adoption and filing with the Legislative Reference Service.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of my office to be affixed in the City of Montgomery on this the ________ day of _______________________, 2008. _________________________________________ M. Barnett Lawley, Commissioner Department of Conservation and Natural Resources