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Posted: Mar. 19 2007,8:44 am |
Post # 14 |
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New laws to greet spring revelers
BY MICHAEL HAYS
Thursday, March 8, 2007 10:07 PM MST
Those heading to Lake Havasu this weekend for boating and fun in the sun may not be aware of some new laws now in place.
To avoid undesired tickets and possible jail time, college students and tourists should become acquainted with three relatively new local laws relating to the lake and Bridgewater Channel.
The most controversial has become known as the behavior ordinance, and was vigorously opposed by the boating community and various business interests last summer.
Offensive Conduct in Public Places took effect last August and applies to all public places, not just the Channel and Lake Havasu. It gives officers greater flexibility by placing indecent exposure, public intoxication, violent acts and abusive or obscene language into a single city ordinance.
There is duplication. Only public intoxication did not already exist in state statute when City Council unanimously approved the behavior ordinance on July 11.
Intoxication is defined in Arizona as “any mental or physical incapacity resulting from use of drugs, toxic vapors or intoxicating liquors.†Violators are punishable with fines up to $2,500 and/or a prison sentence of up to six months.
Since its enforcement began, the largest fine levied among the 10 people cited and arrested has been $700, according to police.
Larry Reese, president of the Lake Havasu Marine Association, said the worst is over.
“When it was being talked about, there was a lot of misunderstanding. Since implementation, the Marine Association feels there will be no further damage,†Reese said.
He believes the Police Department is doing a good job of warning people before issuing tickets.
During Labor Day weekend, the last major tourist holiday, there weren't any arrests made under the new law.
A second law of note deals with mooring.
Unless a watercraft is moored to a designated tie down, boaters aren't allowed to moor, park, anchor or leave their watercraft standing within 25-feet of the Channel's east side.
Reese said that although the restriction is undesirable, it would have no long-term negative impact.
“Boaters, when they understand, are easily adaptable and just want to have a good time,†he said.
The Channel's east side has a concrete “sea wall†where watercraft can tie down. Posts are spaced 15 feet apart. A similar structure is being built on the Island side and should be completed by May, Reese said.
A third relatively new ordinance contains several parts:
? No one may operate a boat in the Channel while a person is riding on the gunwales, transom or deck over the bow. There are exceptions for boats designed for carrying people at all speeds, or if the watercraft is preparing to anchor or moor.
? Persons cannot block the view of a watercraft operator.
? Except in an emergency, children younger than 12 may not operate a watercraft of more than eight horsepower in the Channel, unless accompanied by an adult.
Council OK'd rules on mooring and riding last September.
City Spokesman Charlie Cassens said there are no plans for educating spring breakers or other tourists before Memorial Day.
He said Lake Havasu City received a reputation as a spring-break town “not because of offensive behavior. Spring break is actually a pretty controlled event. The crowd is very well-behaved.â€
If holiday crowds acted like the spring-break vacationers did, there would have been no need for the new rules, he said.
Gears of motion began turning on the controversial behavior ordinance last Memorial Day weekend. During a May 30 meeting, testimony given by Police Chief Dan Doyle convinced council members that the officer's job would be easier if the groups causing problems could be forced to leave the water.
Just who determines what is obscene, indecent or offensive?
The “reasonable-person†standard is commonly applied by judges and law enforcement to determine whether an action is offensive. Local officers are relying on this standard.
You may contact the reporter at hays@havasunews.com.
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