9.12.195 Operating a Vessel Under the Influence of Alcohol or Drugs – Penalties.
A. No person shall operate or attempt to operate any vessel within this City while:
1. The alcohol concentration in the person’s blood or breath as shown by any competent evidence, including other competent evidence, as defined in K.S.A. 32-1130(b)(1), and amendments thereto, is eight-hundredths (0.08) or more;
2. The alcohol concentration in the person’s blood or breath, at the time or within three (3) hours after the person operated or attempted to operate the vessel is eight-hundredths (0.08) or more;
3. The alcohol concentration in the person’s blood or breath, at the time or within three (3) hours after the person operated or attempted to operate the vessel is two-hundredths (0.02) or more and the person is less than twenty-one (21) years of age;
4. Under the influence of alcohol to a degree that renders the person incapable of safely operating a vessel;
5. Under the influence of any drug or combination of drugs to a degree that renders the person incapable of safely operating a vessel; or
6. Under the influence of a combination of alcohol and any drug or drugs to a degree that renders the person incapable of safely operating a vessel.
B. If a person is charged with a violation of this Section involving drugs, the fact that the person is or has been entitled to use the drug under the laws of this state shall not constitute a defense against the charge.
C. No person shall operate or attempt to operate any vessel within this state for three (3) months after the date of refusal of submitting to a test if such person refuses to submit to a test pursuant to K.S.A. 32-1132, and amendments thereto.
D. Except as provided by subsection (E) of this Section, violation of this Section is a violation punishable:
1. On the first conviction, by imprisonment of not more than one (1) year or a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or both; and
2. On the second or a subsequent conviction, shall be sentenced to not less than ninety (90) days nor more than one (1) year and a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00).
E. Subsection (D) of this Section shall not apply to or affect a person less than twenty-one (21) years of age who submits to a breath or blood alcohol test requested pursuant to K.S.A. 32-1132 and amendments thereto, and produces a test result of an alcohol concentration of two-hundredths (0.02) or greater but less than eight-hundredths (0.08). Such person’s boating privileges upon the first occurrence shall be suspended for thirty (30) days and upon a second or subsequent occurrence shall be suspended for ninety (90) days.
F. In addition to any other penalties prescribed by law or rule and regulation, any person convicted of a violation of this Section shall be required to satisfactorily complete a boater safety education course of instruction approved by the secretary of wildlife, parks and tourism.
G. As used in this Section, “operate” means to navigate or otherwise use a motorboat or a vessel. (Ord. 19-48 § 1, 2019.)