HF 2014 (LSB 5238YH (5) 86)

HOUSE FILE 2014

BY  WILLS

A BILL FOR

An Act relating to rafting safety regulations and including penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  462A.26A  Rafting safety regulations —— special event permits.
   1.  Definitions.  As used in this section, unless the context otherwise requires:
   a.  “Making way” means vessel movement attributed to intentional guided motion.
   b.  “Rafting” means the anchoring, tying, fastening, linking, or joining of any combination of three or more vessels together.
   c.  “Shoreline” means the zone of contact of a body of water with land other than an island unless the island is located within three hundred yards of the shoreline.
   d.  “Underway” means not anchored or moored to a fixed object.
   e.  “Vessel” means every type of watercraft used or capable of being used as a means of transportation or habitation on the water.
   2.  Regulations for rafting.
   a.  (1)  Rafting of three to ten vessels shall be conducted at least one hundred yards from the shoreline of a public body of water. Such vessels shall be located at least two hundred yards from any other vessel or group of vessels that are tied or anchored together.
   (2)  Rafting of eleven or more vessels shall be conducted at least three hundred yards from the shoreline of a public body of water.
   (3)  Two vessels may be tied or anchored together within one hundred yards of the shoreline of a public body of water, but such vessels must be located at least fifty yards from any other vessel or any other group of vessels tied or anchored together. 
   (4)  In the event of a violation of this paragraph “a”, a peace officer may order all vessels within three hundred yards of the shoreline of a public body of water to disperse if the peace officer is unable to determine which vessels were in the area first. 
   b.  (1)  Notwithstanding paragraph “a”, the commission, by rules adopted pursuant to chapter 17A, may designate areas on a public body of water where rafting or anchoring is prohibited within three hundred yards from the shoreline and to a point as described by signage installed by the department. All vessels in such a designated area shall be underway and making way at no wake speed or greater.
   (2)  The department shall place signs in such designated areas where rafting or anchoring is prohibited that state “NO RAFTING OR ANCHORING —— $500.00 FINE”.
   3.  Special event permit. 
   a.  Notwithstanding subsection 2, the commission may, by rules adopted pursuant to chapter 17A, provide for the issuance of a special event permit that allows rafting or anchoring in an area where rafting or anchoring is otherwise prohibited.
   b.  The rules shall provide that issuance of a special event permit is conditioned on an assurance by the permit applicant that the applicant will take reasonable care to ensure that persons or boaters in the vicinity of the event will not be subjected to unreasonably loud or disturbing noise, that event participants will not engage in any disorderly conduct, and that any islands used during the event will be cleaned up after the event ends. 
   c.  The commission may deny a special event permit application if the applicant was previously issued a special event permit and the event resulted in a serious complaint from a person or boater in the vicinity of the event or a response to the event by a peace officer.
   d.  The rules shall require that an application for a special event permit be received by the commission in writing at least forty-five days before the event and be accompanied by an application fee of fifty dollars.
    Sec. 2.  Section 805.8B, subsection 1, Code 2016, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  f.  For rafting safety violations under section 462A.26A, the scheduled fine is five hundred dollars.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill prohibits the rafting of vessels within specified distances from the shoreline of a public body of water. “Rafting” is defined to mean the anchoring, tying, fastening, linking, or joining of any combination of three or more vessels together.
   The bill allows rafting near the shoreline of a public body of water under the following circumstances: rafting of three to 10 vessels shall be conducted at least 100 yards from the shoreline and such vessels shall be located at least 200 yards from any other vessel or group of vessels that are tied or anchored together, and rafting of 11 or more vessels shall be conducted at least 300 yards from the shoreline. The bill also provides that two vessels may be tied or anchored together within 100 yards of the shoreline, but such vessels must be located at least 50 yards from any other vessel or any other group of vessels tied or anchored together. If these provisions are violated, a peace officer may order all vessels within 300 yards of the shoreline to disperse if the peace officer is unable to determine which vessels were in the area first.
   The bill allows the natural resource commission, by rules adopted pursuant to Code chapter 17A, to designate areas within 300 feet of the shoreline of a public body of water within which rafting or anchoring is prohibited. The department of natural resources shall post signage to that effect which states that there is a $500 fine for violation of the prohibition.
   The bill also allows the commission to issue a special event permit allowing rafting or anchoring in prohibited areas if the applicant gives assurance that the applicant will take reasonable care that persons or boaters in the vicinity of the event will not be subjected to unreasonably loud or disturbing noise, that event participants will not engage in any disorderly conduct, and that any islands used during the event will be cleaned up after the event ends. An application for a permit may be denied if the applicant has previously been issued a permit for an event which resulted in a serious complaint from a person or boater in the vicinity of the event or a response to the event from a peace officer. 
   The application for a special event permit must be submitted in writing, as prescribed by rule, at least 45 days prior to the event and accompanied by an application fee of $50.
   A violation of the provisions of the bill is punishable with a scheduled fine of $500.