FIRST REGULAR SESSION

HOUSE BILL NO. 680

89TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVE TATE.

Read 1st time February 17, 1997 and 1000 copies ordered printed.

ANNE C. WALKER, Chief Clerk

L1448.02I

AN ACT

To repeal section 306.165, RSMo Supp. 1996, relating to the waterways of this state, and to enact in lieu thereof four new sections relating to the same subject, with penalty provisions.

Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Section 306.165, RSMo Supp. 1996, is repealed and four new sections enacted in lieu thereof, to be known as sections 306.165, 578.450, 1 and 2, to read as follows:

306.165. 1. Each water patrolman appointed by the Missouri state water patrol and each of such other employees as may be designated by the patrol, before entering upon [his] such person's duties, shall take and subscribe an oath of office to perform [his] such person's duties faithfully and impartially, and shall be given a certificate of appointment, a copy of which shall be filed with the secretary of state, granting [him] such person all the powers of a peace officer to enforce all laws of this state, upon all of the following:

(1) The waterways of this state bordering the lands set forth in subdivisions (2), (3), (4), and (5) of this section;

(2) All federal land, where not prohibited by federal law or regulation, and state land adjoining the waterways of this state;

(3) All land within three hundred feet of the areas in subdivision (2) of this section;

(4) All land adjoining and within six hundred feet of any waters impounded in areas not covered in subdivision (2) with a shoreline in excess of four miles;

(5) All land adjoining and within six hundred feet of the rivers and streams of this state;

(6) Any other jurisdictional area, pursuant to the provisions of section 306.167.

2. Each water patrolman may board any watercraft at any time, with probable cause, for the purpose of making any inspection necessary to determine compliance with the provisions of this chapter. Each water patrolman may arrest on view, and without a warrant, any person [he] such patrolman sees violating or who [he] such patrolman has reasonable grounds to believe has violated any law of this state, upon any water or land area subject to [his] such patrolman's jurisdiction as provided in this section. It is further provided that each water patrolman shall be bonded in like manner and amount as sheriffs under section 57.020, RSMo. Each water patrolman shall, within six months after receiving [his] such patrolman's certificate of appointment, satisfactorily complete a law enforcement training course including six hundred hours of actual instruction conducted by a duly constituted law enforcement agency or any other school approved under chapter 590, RSMo.

3. Notwithstanding any provision of law to the contrary, a water patrolman may arrest on sight for any violation of section 566.093 or 578.450, RSMo, within such patrolman's jurisdiction.

4. A water patrolman may order groups of vessels to disperse if there exists a safety concern or if such patrolman has reasonable grounds to believe any person in the group of vessels has violated any law of the state.

578.450. 1. No person, within the jurisdiction of the Missouri state water patrol as defined in section 306.165, RSMo, shall:

(1) Expose such person's genitals under circumstances where a reasonable person would believe that such conduct would likely cause affront or alarm; or

(2) Have sexual contact in the presence of a third person or persons under circumstances where a reasonable person would believe that such conduct would likely cause affront or alarm.

2. Any person who violates the provisions of subsection 1 of this section shall be guilty of a class C misdemeanor for the first offense, shall be guilty of a class B misdemeanor for the second offense, and shall be guilty of a class A misdemeanor for third and subsequent offenses.

3. A violation of this section is not a sexual offense.

Section 1. 1. No person or persons shall raft together more than seven vessels on any lake in the state.

2. No raft of vessels shall be less than three hundred feet from another raft of vessels.

3. No person or persons shall raft together more than three vessels fully or partially on shore in any cove on the waters of this state that is bordered on three sides by a state park.

4. The provisions of subsection 3 of this section does not apply to shoreline immediately adjacent to established and designated camping facilities.

5. Each operator of a vessel, or owner of a vessel which is unoccupied or otherwise unclaimed by any operator whether present or not, in a raft in violation of subsection 1, 2 or 3 of this section is guilty of a class B misdemeanor.

6. For the purposes of this section, "raft" means anchor, moor, tie, bind or otherwise combine in any way so as to create a single unit, but shall not include any vessel moored at a permanent, permitted dock and "vessel" does not include personal watercraft as defined in section 306.010, RSMo.

Section 2. 1. The Missouri state water patrol shall regulate anchoring and mooring prohibited zones on all waters in the state by permitting such zones after a hearing.

2. Anchoring and mooring area hearings shall only be held between April first and September fifteenth.

3. Persons desiring an anchoring and mooring prohibited zone shall apply for such designation.

4. The application for an anchoring and mooring prohibited zone shall include:

(1) A plot map of the cove, with the owner's name on their plot, on the map; and

(2) A petition with at least seventy-five percent of the property owners in agreement on a one property, one vote basis and second tier homes and condominium owners shall have a vote if they have a dock.

5. Buoys for anchor and mooring prohibited zones shall be placed one hundred feet below or prior to the first dock, unless it would extend buoys into the main channel. Where there is no dock, the buoys shall be placed at the entrance to the zone, subject to the state water patrol's discretion.

6. The permittee shall place a four feet by six feet sign on a dock at each side of the entrance to the anchor and mooring prohibited zone, reading "No anchoring or mooring" and conforming to prescribed markings. The sign shall face boaters when entering either side of the zone. The Missouri state water patrol may place anchoring and mooring prohibited zone buoys at the entrance of the zone if the distance between the signs exceeds four hundred feet.

7. Any relocation of an anchor and mooring prohibited zone shall require a complete new application and a new hearing.

8. Applications for the same general area shall not be considered more than twice in one year.

9. One application appeal shall be granted for the same location. The appeal shall be heard by the colonel, the major or a captain of the Missouri state water patrol from another district. The appeal shall be heard in the district of request.

10. Temporary buoy permits allowing anchoring and mooring in anchor and mooring prohibited zones for regattas, races, construction or other such activities shall be considered on their own merit and shall not be subject to this section.
Return to the Missouri House of Representatives