North Carolina § 75A-10 - Operating vessel or manipulating water skis, etc., in reckless manner; operating, etc., while intoxicated, etc.; depositing or discharging litter, etc.

§ 75A-10. Operating vessel or manipulating water skis, etc., in reckless manner; operating, etc., while intoxicated, etc.; depositing or discharging litter, etc.

No person shall operate any motorboat or vessel, or manipulate any water skis, surfboard, or similar device on the waters of this State in a reckless or negligent manner so as to endanger the life, limb, or property of any person. No person shall manipulate any water skis, surfboard, nonmotorized vessel, or similar device on the waters of this State while under the influence of an impairing substance. No person shall operate any vessel while underway on the waters of this State: While under the influence of an impairing substance, or After having consumed sufficient alcohol that the person has, at any relevant time after the boating, an alcohol concentration of 0.08 or more. The fact that a person charged with violating this subsection is or has been legally entitled to use alcohol or a drug is not a defense to a charge under subsections (b) and (b1) of this section. The relevant definitions contained in G.S. 20-4.01 shall apply to subsections (b), (b1), and (b2) of this section. A person who violates a provision of subsection (a) or (b) of this section is guilty of a Class 2 misdemeanor. A person who violates subsection (b1) of this section is guilty of a Class 2 misdemeanor, and upon conviction, in addition to any other penalty imposed, shall be fined not less than two hundred fifty dollars ($250.00). No person shall place, throw, deposit, or discharge or cause to be placed, thrown, deposited, or discharged on the waters of this State or into the inland lake waters of this State, any litter, raw sewage, bottles, cans, papers, or other liquid or solid materials which render the waters unsightly, noxious, or otherwise unwholesome so as to be detrimental to the public health or welfare or to the enjoyment and safety of the water for recreational purposes. No person shall place, throw, deposit, or discharge or cause to be placed, thrown, deposited, or discharged on the waters of this State or into the inland lake waters of this State any medical waste as defined by G.S. 130A-290 which renders the waters unsightly, noxious, or otherwise unwholesome so as to be detrimental to the public health or welfare or to the enjoyment and safety of the water for recreational purposes. A person who willfully violates subsection (d) of this section is guilty of a Class 1 misdemeanor. A person who willfully violates subsection (d) of this section and in so doing releases medical waste that creates a substantial risk of physical injury to any person who is not a participant in the offense is guilty of a Class F felony which may include a fine not to exceed fifty thousand dollars ($50,000) per day of violation. History (1959, c. 1064, s. 10; 1965, c. 634, s. 3; 1985, c. 615, ss. 1-5; 1989, c. 742, s. 1; 1995, c. 506, s. 14; 2006-185, s. 1; 2013-380, s. 5; 2016-34, s. 3.) Editor's Note. - Session Laws 1989, c. 742, which added subsection (d), provided in s. 9: "Neither the definition of 'medical waste' nor any other provision of this act shall be construed to require that rules or standards adopted by the Commission for Health Services [now the Commission for Public Health] for the management of infectious and noninfectious medical waste be identical or similar. Neither the definition of 'medical waste' nor any other provision of this act shall be construed to prohibit any discharge of waste into a sanitary sewer or sewer system which is otherwise allowed under any provision of the General Statutes or under any rule adopted by the Commission for Health Services [now the Commission for Public Health] or the Environmental Management Commission." Session Laws 2016-34, s. 1, provides: "This act shall be known as Sheyenne's Law." Session Laws 2016-34, s. 4, made the revisions to the penalties set forth in subsection (b4), as amended by Session Laws 2016-34, s. 3, applicable to offenses committed on or after December 1, 2016. Effect of Amendments. - Session Laws 2006-185, s. 1, effective January 1, 2007, and applicable to offenses committed on or after January 1, 2007, substituted "vessel" for "boat" at the beginning of the section catchline; in subsection (b1), deleted "motorboat or motor" preceding "vessel" in the introductory paragraph, and substituted "the person" for "he" near the beginning of subdivision (b)(2); added the subsection (b)(2) designation; in subsection (b)(2), substituted "subsections (b) and (b1) of this section" for "this subsection or subsection (b) above" at the end of the first sentence and substituted "subsections (b), (b1), and (b2) of this section" for "this subsection and subsection (b) above" at the end of the second sentence; added subsection (b)(3); and added subsection (e). Session Laws 2013-380, s. 5, effective December 1, 2013, substituted "subsection (a) or (b)" for "subsection (a), (b), or (b1)" in subsection (b3); and added subsection (b4). For applicability, see editor's note. Session Laws 2016-34, s. 3, effective December 1, 2016, substituted "and upon conviction, in addition to any other penalty imposed, shall be fined" for "punishable by a fine of" preceding "not less than two hundred fifty dollars ($250.00)" near the end of subsection (b4). See editor's note for applicability. Legal Periodicals. - For article, "Coastal Management Law in North Carolina: 1974-1994," see 72 N.C.L. Rev. 1413 (1994).