Section 33-5-26.1 - Wakeboarding and wakesurfing in certain waters of the state(a) This section shall apply only to the waters of the state impounded by Lewis Smith Dam (Lewis Smith Lake), to the waters of the state impounded by R.L. Harris Dam (Lake Wedowee or the R.L. Harris Reservoir), to the waters of the state impounded by Martin Dam (Lake Martin), to the waters of the state impounded by Weiss Dam (Weiss Lake), and to Shoal Creek in Lauderdale County north of Highway 72.(b) For purposes of this section, the following words have the following meanings: (1) MOTORBOAT. A motorized recreational vessel.(2) WAKEBOARDING. Either of the following: a. To use a board with or without foot bindings on which a rider is towed by a motorboat across a wake.b. To operate a motorboat in a manner that creates a wake while towing an individual using a board with or without foot bindings to be towed by the motorboat across the boat's wake.(3) WAKESURFING. Either of the following: a. To surf a motorboat's wake, regardless of whether the individual is being pulled by a tow rope attached to the motorboat that is producing the wake.b. To operate a motorboat in a manner that creates a wake that is, or is intended to be, surfed by another person.(c) On the waters of this state impounded by Lewis Smith Dam (Lewis Smith Lake), on the waters of the state impounded by R.L. Harris Dam (Lake Wedowee or the R.L. Harris Reservoir), on the waters of the state impounded by Martin Dam (Lake Martin), on the waters of the state impounded by Weiss Dam (Weiss Lake), or on Shoal Creek in Lauderdale County north of Highway 72, an individual may not engage in wakeboarding or wakesurfing under any of the following conditions:(1) Between sunset and sunrise.(2) On any portion of the impounded waters where the width of the portion is less than 400 feet.(3) Within 200 feet from any shoreline, dock, pier, boathouse, or other structure located on the impounded waters.(4) When not wearing a personal flotation device approved by the United States Coast Guard.(d) On the waters of the state impounded by Lewis Smith Dam (Lewis Smith Lake), on the waters of the state impounded by R.L. Harris Dam (Lake Wedowee or the R.L. Harris Reservoir), on the waters of this state impounded by Martin Dam (Lake Martin), on the waters of the state impounded by Weiss Dam (Weiss Lake), or on Shoal Creek in Lauderdale County north of Highway 72, an individual may not operate a motorboat above idle speed within 100 feet from any shoreline, dock, pier, boathouse, or other structure located on the impounded waters.(e)(1) On a first violation of this section, an individual shall be guilty of a violation punishable by a fine of not less than one hundred dollars ($100). (2) On a second or subsequent violation of this section during a single calendar year, the individual shall be guilty of a violation and shall be fined not less than two hundred dollars ($200). In addition, at the discretion of the court, the individual shall be subject to the revocation or suspension of his or her boater safety certification or vessel operator's certification or vessel operating privileges upon the waters of this state for the duration of the calendar year.(3) Any prosecution for a violation of this section shall be commenced by a citation issued by a law enforcement officer.(f) Nothing in this section shall apply to any regatta, race, trial run, parade, tournament, or exhibition for which a written marine event application has been submitted to and approved by the Marine Patrol Division of the Alabama State Law Enforcement Agency.(g) The Alabama State Law Enforcement Agency and the Department of Conservation and Natural Resources shall take steps to notify the public of the requirements and prohibitions of this section.(h) Notwithstanding the other provisions of this section, for one year following September 1, 2023, an individual who violates subsection (c) on a first violation shall receive a written warning of the violation; and on a second or subsequent violation during the calendar year, the violation shall be treated as a first violation under subsection(e).(i) Notwithstanding the other provisions of this section, for one year following October 1, 2024, an individual who violates subsection (d) on a first violation shall receive a written warning of the violation; and on a second or subsequent violation during the calendar year, the violation shall be treated as a first violation under subsection (e).Ala. Code § 33-5-26.1 (1975)
Amended by Act 2024-212,§ 1, eff. 10/1/2024.Added by Act 2023-459, § 1.