pleasure boat riders!

[PRO V LE]

Bob, my original intent was to point out that the possesion of alcohol for private consumption is legal.
If the pilot of the craft is operating in a dangerous manner they can be cited, if they are over .08% they also can be arrested.
You're above info. pertains to commercial/ therefore public transportation etc. not a private Houseboat/ Craft.
Have you ever had a drink on a Airline flight?
Why do we push for a designated driver for the intoxicated passengers in a vehicle including boats.
Ask any KDFW officer about this, sit on the front deck with a long neck and they can get you, put it in a cool cup and they will leave you alone, go inside where the PUBLIC can not see it and no problem.

[jigman73]

Common sense would state that if you see a set of headlights then you should know that is the front of the boat. Next, headlights have kept me from running into a boat setting out in the middle of the lake with no lights on more than once. So as long as there is the possibility of boats and houseboats setting out in the middle of the lake with No lights on, I will use headlights on my boat. Good or bad, I consider the use of headlights on my boat at night a neccesity for my safety and for those that are in my boat at night. Jmo

Lee

[Barry2780]

I agree jigman, i mean headlights have saved alot of lifes at night! headlights shouldnt be against the law because there are numerous people out there that dont turn on there lights and almost gets ran over if it wasnt for the headlights!

[ky.jonboatfisher]

ok so i own a ski boat, not a cruiser but still its a pleasure boat along with my bass boat and theres no reason to be dissing on pleasure boaters because they have all the right to be on the lake as fisherman do no more and no less, just equal so yes i agree that the waves are annoying and yes they can be dangerous at times but they have all the right to be on the lake as fisherman. But Im not disagreeing with you about the waves and annoying cruisers because they do annoy me when im fishing.

[HURRICANEBOB]

You're above info. pertains to commercial/ therefore public transportation etc. not a private Houseboat/ Craft.
Have you ever had a drink on a Airline flight?

Pro V,
Think ya might have that mixed up with KRS 189.530 Providing motor vehicle to person intoxicated or under influence of substance which may impair driving ability -- Possession of open alcoholic beverage container in a motor vehicle prohibited -- Exceptions -- Definitions -- Election of offenses to prosecute.

(1) No person shall provide a motor vehicle to another to operate upon a highway, knowing that the other person is in an intoxicated condition, or under the influence of any substance which may impair one's driving ability.

(2) A person is guilty of possession of an open alcoholic beverage container in a motor vehicle, when he or she has in his or her possession an open alcoholic beverage container in the passenger area of a motor vehicle located on a public highway or on the right-of-way of a public highway. However, nothing in this section shall prohibit the possession of an open alcoholic beverage container by an individual who is strictly a passenger and not the driver, in the passenger area of a motor vehicle maintained or used primarily for the transportation of persons for compensation, such as buses, taxis, and limousines, or in a recreational vehicle, motor home, or motor coach.

I agree what you said pertains to paid for transportation, i.e. like buying a bus ticket. But the other KRS is pointed at boating. Just for grins, I sent the whole thing, both KRS's to the KDFWR to get their response.

Not trying to argue, just making sure that what is said here is the gospel so nobody inadvertently gets a night in jail because the "thought" they were right. Apprecite you helping develop the discussion.

[HURRICANEBOB]

they do annoy me when im fishing.

They annoy me when I'm getting my butt wet because they swamped my boat no matter what I'm doing. I hear ya guy, I pleasure boat too, as well as fish. I just get real peeved when some smuck darn near drowns me because he's too inconsiderate to use a litle common sense. I look out for others, and I expect the meathead on the "lake destroyer" to do the same. And yep, he has the right to pleasure boat, but it doesn't over rule my right to survive.

[kygorski]

You know if we usewd common sense, and obeyed the existing laws, the lakes would be safwer for all of us. Its kid stuff to point to the other law breaker while we are breaking the law. I fish at night, I hate using my lights while fishing, but I do it. sure if i'm in the back of a creek, I may turmn them off, but if i hwear anything running they come on.I've only been fishing cumberland and dale for the past 16 years, but I've been night fishing for about 40 years. One thing i know for sure, the rarest thing on many waters is common sense.

[Chubminnow]

Ok...I'm coming out of the closet, lol..I too am a pleasure boater during the summer. My wife and I have a 24' Searay Sundancer...and waves really tick me off if the wife and I are anchored in a cove. If we're not far enough back in a cove other boaters will come on through to get to the back and when they do it seems like lots of times they come through at half throttle causing the biggest waves possible. Heck it's really quite simple, for no wake zones or in more narrow waters such as creeks/coves, go ahead and back off the throttle and use that time to get a beverage from the cooler or straighten up the boat a bit or whatever, but some people don't get it.

[kygorski]

OK get mad at me, used to it. been married twice, [widowed twice]. There are only three reasons for water as far as I'm conerned.1 for fishing 2 to make coffee 3 to make beer! Never got that heated about bass fishing, I like it, but I came from an area where there were closed seasons on bass.So we fished for what was legal. There were no tournaments, and buy the time they came popular, and I fished a few with my cousins, I had a family to support and schools to pay for. Plus I took my kid fishing.I dont like water skiers, jet skiers, and if any of you guys ever ice fished, I dont like snowmobiles either. But all these folks have a right to enjoy their outdoor experiences.I never went on a cruise, except a troop ship, because they frowned on trolling.Theres a time and place for everything, room for all of us, and many hours of pleasure for us all, As long as we dont infringe on each other.

[Bass_King2007]

Like barry and others said i will continue to run my headlights no matter how many tickets i get.... A 40,000 $ bass boats will not be tore up and my life put in danger b/c of some idiot that doenst know how to turn on running lights on their boat... and i didnt catch the officers name that told me but when he stopped me i asked him if he knew what when on at boys camp y there was so many helicopters and ambulaces coming down to the lake... and he said and i quote"some drunk idiot fell off of a houseboat" and he said that there had been mulitple injuries that the numbers were high... I polightly asked him how many dui's had been issued and he said he hadnt wrote any... i just laughed in a smart @&& manor cuz thats stupid!!!

[HURRICANEBOB]

Pro V,
Just for grins, I sent the whole thing, both KRS's to the KDFWR to get their response.

Pro V: I concede a tie! Response I got from KDFWR is below and question I asked below that. Yep, its illegal to have an open container of alchol on any public waterway (One for Bob) BUT: Probabilty of getting caught on a houseboat or while beached is slight as the officer would have to have lots of porbable cause to search to be confronted with it. (One for Pro V).


Deb and Bob,
First let me begin by saying that I don't perceive you questions to be quibbling and I am grateful to you for taking the time to seek clarification.

Without going into line by line detail, the waters of the Commonwealth are, by statutory definition, a public place.

Kentucky law prohibits consuming alcoholic beverages in public places (except those places that are licensed to sell and serve alcohol).

We take this matter very seriously because nationally, 1 out of every 5 boating related fatalities are alcohol related. However, In Kentucky, 1 out of every 2 boating related fatalities are alcohol related. This makes it is clear that we have much room for improvement in this area.

Admiralty and maritime laws do not provide for the same presumption of right to privacy as do the laws which pertain to motor vehicles. This has endured numerous challenges and has been up held by the Supreme Court. This is why boats may be routinely boarded and inspected while motor vehicles may not.
Now with all of that said, I will tell you that it is highly unlikely that your boat would ever be boarded while docked, beached or at anchor unless the officer(s) had tremendous probable cause to do so. Even then, unless it was deemed and emergency of one nature or another, the officer(s) would secure the site and obtain a warrant before boarding.

No one might ever know if you or your passengers are drinking alcohol while out of sight onboard any boat. You must consider, however, that "if" you all are drinking and minding your own business and another boat hits you or you or one of your passengers somehow becomes injured, this immediately becomes an alcohol related incident. With this incident would come a Pandora's box of potential liability issues and concerns.

Because I deal, almost on a daily basis, with issues such as these, I can tell you that the potential liability concern alone is reason enough for me to not ever want to take this chance.

I hope that I have addressed your questions and concerns to your satisfaction. If you need additional information, please contact me directly.


Sergeant John R. Anderson
Boating Education and Enforcement Section
Division of Law Enforcement
Kentucky Department of Fish and Wildlife Resources


--------------------------------------------------------------------------------
From: Spalding, Jeff (FW) on behalf of FW Info Center
Sent: Tue 9/15/2009 8:14 AM
To: Anderson, John (FW)
Subject: FW: Alcohol in public places.


John,

Could you please take care of this one for me I just wasn’t sure if I

Am 100% sure what to tell him. And cc me back Thanks Jeff




--------------------------------------------------------------------------------

From: Deb and Bob [mailto[email protected]]
Sent: Monday, September 14, 2009 5:25 PM
To: FW Info Center
Subject: Alcohol in public places.



I have a question, I want to be sure I understand the law so I can obey it. My questions deals with the KRS’s below. My questions deal with rented houseboats and privately owned pontoon boats



First: On my POV pontoon boat, if I read this right, it is illegal for any of my passengers to have an open container of alcohol while on my boat in a public water way. Am I correct?



Second: If I rent a houseboat at Lake Cumberland, and put the nose of the boat on the bank to anchor it, I realize the boat is still on a public waterway. Is it illegal for my passengers in the houseboat to have an open container of alcohol? The houseboat is in a public place, and my passengers are not paying me compensation to transport them. But, the houseboat is rented for compensation, and KRS 189 seems to make an exception for that.

Please understand I am not quibbling, I just want to be darn sure before I rent a houseboat what the laws really say about possession of alcohol while on it, and as a pontoon owner, I want to be sure I don’t allow my guests to break the law



KRS 222.202 Offenses of alcohol intoxication or drinking alcoholic beverages in a public place

1 Penalty: KRS 222.990(3) 2 Penalty: KRS 222.990(4)

(1) A person is guilty of alcohol intoxication when he appears in a public place manifestly under the influence of

alcohol to the degree that he may endanger himself or other persons or property, or unreasonably annoy persons

in his vicinity.

(2) A person is guilty of drinking alcoholic beverages in a public place when he drinks an alcoholic beverage in a public place, or in or upon any passenger coach, or other vehicle commonly used for the transportation of passengers, or in or about any depot, platform, or waiting room.

189.530 Providing motor vehicle to person intoxicated or under influence of substance which may impair driving ability -- Possession of open alcoholic beverage container in a motor vehicle prohibited -- Exceptions -- Definitions -- Election of offenses to prosecute.

(1) No person shall provide a motor vehicle to another to operate upon a highway, knowing that the other person is in an intoxicated condition, or under the influence of any substance which may impair one's driving ability.

(2) A person is guilty of possession of an open alcoholic beverage container in a motor vehicle, when he or she has in his or her possession an open alcoholic beverage container in the passenger area of a motor vehicle located on a public highway or on the right-of-way of a public highway. However, nothing in this section shall prohibit the possession of an open alcoholic beverage container by an individual who is strictly a passenger and not the driver, in the passenger area of a motor vehicle maintained or used primarily for the transportation of persons for compensation, such as buses, taxis, and limousines, or in a recreational vehicle, motor home, or motor coach.
Bob Hamme
Etown KY 42701

[creeker]

Come on guys, don't you know? We're fishermen, so those fish in the lake are ours and no one else has the right to interfere with us. And since there's fish everywhere in the water and we just might want to fish in that spot one day, well, thats our water over there and no one else has the right to interfere with it either. Ergo, anyone not in the act of fishing on "my" lake is bad.

Also, since we have $40,000 boats, the laws don't apply to us. Because we know those laws were only put there for the other people and we don't need them. Remember, we're fishermen!

I just thought I'd make sure everyone is clear on all this in case there was some confusion.