New York § 103 - 103Violations

§ 103. 103Violations

§ 103. Violations. (a)(1) Any person who violates any of the provisions of section one hundred two of this article or any local law, ordinance, order, rule or regulation adopted pursuant to this article, shall be guilty of a violation unless such conduct is declared to be a misdemeanor or a felony pursuant to this chapter or any other law of this state. (2) Every person convicted of a violation of any of the provisions of this article or of any ordinance, order, rule or regulation adopted pursuant to this article for which another penalty is not provided shall for a first conviction thereof be punished by a fine of not less than twenty-five nor more than one hundred dollars or by imprisonment for not more than seven days or by both such fine and imprisonment; for a conviction of a second violation, both of which were committed within a period of twenty-four months, such person shall be punished by a fine of not less than one hundred nor more than two hundred fifty dollars or by imprisonment of not more than fifteen days or by both such fine and imprisonment; upon a conviction for a third or subsequent violation, all of which were committed within a period of twenty-four months, such person shall be punished by a fine of not less than two hundred dollars nor more than five hundred dollars or by imprisonment for not more than thirty days or by both such fine and imprisonment. (b) The court shall suspend a person's privilege to operate and may suspend a vessel registration: (1) for a period of six months where a person is convicted of reckless operation of a vessel pursuant to any applicable provision of this article after having been convicted of any such offense within the preceding eighteen months; (2) for a period of six months upon a third or subsequent conviction for any violation of any law, ordinance or regulation limiting the speed of a vessel or any provision constituting a misdemeanor by this article except for the commission of a third or subsequent misdemeanor as set forth in paragraph three of this subdivision; (3) for a period of twelve months where a person is convicted of reckless operation of a vessel pursuant to any applicable provision of this article after having been twice convicted of any such offense within the preceding eighteen months. (c) When a person is convicted pursuant to this article and is subject to a suspension pursuant to this subdivision, the court shall, in addition to any other penalties invoked under this article, require the convicted person, as a condition of the sentence, to complete a boating safety course of the state, U.S. Power Squadrons, U.S. Coast Guard Auxiliary, or a powerboating course or courses offered by the United States sailing association which are approved by the commissioner and show proof of successful completion of such course to the court or its designee.