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(continued) sel powered by a motor of greater
than 15 horsepower, except for a vessel that does not exceed 30 feet
in length and is designed to use wind as its principal source of
propulsion, or a dinghy used directly between a moored vessel and the
shoreline or between a moored vessel and another moored vessel.
(b) Except as provided in subdivision (a), no person 12, 13, 14,
or 15 years of age shall operate a vessel powered by a motor of
greater than 15 horsepower, or a vessel that exceeds 30 feet in
length and is designed to use wind as its principal source of
propulsion, unless the person is accompanied in the vessel by a
person who is at least 18 years of age and who is attentive and
supervising the operation of the vessel.
(c) Subdivisions (a) and (b) do not apply to any of the following:

(1) A person who operates a vessel as a performer in a
professional exhibition.
(2) A person engaged in an organized regatta, vessel race, or
water ski race.
(3) A person engaged in a marine event authorized pursuant to
Section 268.
(d) Any person who violates this section, and any person who
permits any other person under 16 years of age to operate a vessel in
violation of this section, is guilty of an infraction.



658.7. (a) Failure of the operator of a vessel involved in towing a
skier to display or cause to be displayed a ski flag, as described
in subdivision (a) of Section 7009 of Title 14 of the California Code
of Regulations, to indicate any of the following conditions, is an
infraction punishable by a fine not exceeding fifteen dollars ($15):

(1) A downed skier.
(2) A skier in the water preparing to ski.
(3) A ski line extended from the vessel.
(4) A ski in the water in the vicinity of the vessel.
(b) Subdivision (a) does not apply to a performer engaged in a
professional exhibition or a person engaged in a regatta, vessel or
water ski race or competition, or other marine event authorized
pursuant to Section 268.



659. The department may make rules and regulations for the uniform
navigational marking of the waters of this state. Such rules and
regulations shall not be in conflict with markings prescribed by the
United States Coast Guard. No city, county, or person shall mark the
waters of this state in any manner in conflict with the markings
prescribed by the department.



660. (a) Any ordinance, law, regulation, or rule relating to
vessels, which is adopted pursuant to provisions of law other than
this chapter by any entity other than the department, including, but
not limited to, any county, city, port authority, district, or any
state agency other than the department, shall, notwithstanding any
other provision of law, pertain only to time-of-day restrictions,
speed zones, special-use areas, and sanitation and pollution control,
and the measure shall not conflict with this chapter or the
regulations adopted by the department. Except as provided in
subdivision (c), any measure relating to boats or vessels adopted by
any governmental entity other than the department shall be submitted
to the department prior to adoption and at least 30 days prior to the
effective date thereof.
(b) The department may make special rules and regulations
governing the use of boats or vessels on any body of water within the
territorial limits of two or more counties, cities, or other
political subdivisions if no special rules or regulations exist or if
the department determines that the local laws regulating the use of
boats or vessels on that body of water are not uniform and that
uniformity is practicable and necessary.
(c) (1) Any entity, including, but not limited to, any county,
city, port authority, district, or state agency, otherwise authorized
by law to adopt measures governing the use and equipment, and
matters relating thereto, of boats or vessels, may adopt emergency
rules and regulations that are not in conflict with the general laws
of the state relating to boats and vessels using any waters within
the jurisdiction of the entity if those emergency rules and
regulations are required to ensure the safety of persons and property
because of disaster or other public calamity.
(2) The emergency rules and regulations adopted under paragraph
(1) shall become effective immediately upon adoption and may remain
in effect for not to exceed 60 days thereafter. The emergency rules
and regulations shall be submitted to the department on or before
their adoption.
(3) After submission of emergency rules and regulations adopted
pursuant to paragraph (1) to the department, the department may
authorize the adopting entity to make the emergency rules and
regulations effective for the period of time greater than 60 days
that is necessary in view of the disaster or circumstances.



660.2. (a) Upon request of the Director of Fish and Game, or his or
her designee, the department shall restrict or prohibit, based on
the request, recreational vessel activity in Agua Hedionda Lagoon in
San Diego County if that vessel activity would hinder or jeopardize
the efforts of the Department of Fish and Game to control or
eradicate Caulerpa taxifolia. Notice of the restriction or
prohibition shall be posted conspicuously, and, at a minimum, in
areas where boats are launched into the waterway where the
restriction or prohibition is in effect. The operator of a vessel
who violates any restrictions or prohibition pursuant to this
subdivision is subject to a fine of not more than two hundred fifty
dollars ($250).
(b) (1) The Director of Fish and Game, or his or her designee,
shall inform the Department of Boating and Waterways regarding the
date on which Caulerpa taxifolia has been eradicated from Agua
Hedionda Lagoon.
(2) The Director of Fish and Game, or his or her designee, shall
calculate the repeal date of this section by adding one year to the
date provided to the Department of Boating and Waterways under
paragraph (1), and shall notify the Secretary of State in writing of
that repeal date, stating that the notification is being provided
under this paragraph.
(c) This section shall remain in effect only until the repeal date
calculated under paragraph (2) of subdivision (b), and as of that
date is repealed, unless a later enacted statute that is enacted
before that date deletes or extends that date.



661. (a) Every owner of an undocumented vessel numbered under this
code is liable and responsible for the death of or injury to person
or property resulting from negligence in the operation of such
vessel, in the business of the owner or otherwise, by any person
using and operating the same with the permission, express or implied,
of the owner, and the negligence of such person shall be imputed to
the owner for all purposes of civil damage. It shall be presumed
that such vessel is being operated with the knowledge and consent of
the owner if at the time of the injury, death or damage it is under
the control of his or her spouse, father, mother, brother, sister,
son, daughter, or other immediate member of the owner's family.
Nothing contained in this chapter shall be construed to relieve any
person from any liability which he would otherwise have, but nothing
contained in this chapter shall be construed to authorize or permit
any recovery in excess of injury or damage actually incurred.
(b) The liability of an owner for imputed negligence imposed by
this section and not arising through the relationship of principal
and agent or master and servant is limited to the amount of ten
thousand dollars ($10,000) for the death of or injury to one person
in any one accident and, subject to the limit as to one person, is
limited to the amount of twenty thousand dollars ($20,000) for the
death of or injury to more than one person in any one accident and is
limited to the amount of ten thousand dollars ($10,000) for damage
to property of others in any one accident.
(c) In any action against an owner on account of imputed
negligence as imposed by this section the operator of the vessel
whose negligence is imputed to the owner shall be made a party
defendant if personal service of process can be had upon the operator
within this State. Upon recovery of judgment, recourse shall first
be had against the property of the operator so served.
(d) If there is recovery under this section against an owner based
on imputed negligence, the owner is subrogated to all the rights of
the person injured or whose property has been injured and may recover
from the operator the total amount of any judgment and costs
recovered against the owner.
(e) If the bailee of an owner with the permission, expressed or
implied, of the owner permits another to operate the vessel of the
owner, then the bailee and such operator shall both be deemed
operators of the vessel of the owner within the meaning of
subdivisions (c) and (d) of this section.
(f) Where two or more persons are injured or killed in one
accident, the owner may settle and pay any bona fide claims for
damages arising out of personal injuries or death, whether reduced to
judgment or not, and the payments shall diminish to the extent
thereof the owner's total liability on account of the accident.
Payments aggregating the full sum of twenty thousand dollars
($20,000) shall extinguish all liability of the owner for death or
personal injury arising out of the accident which exists by reason of
imputed negligence, pursuant to this section, and did not arise
through the negligence of the owner nor through the relationship of
principal and agent or master and servant.
(g) If a vessel is sold under a contract of conditional sale
whereby the title to such vessel remains in the vendor, such vendor
or his assignee shall not be deemed an owner within the provisions of
this section relating to imputed negligence, but the vendee or his
assignee shall be deemed the owner notwithstanding the terms of such
contract, until the vendor or his assignee retakes possession of the
vessel. A chattel mortgagee of a vessel out of possession is not an
owner within the provisions of this section relating to imputed
negligence.
(h) No action based on imputed negligence under this section shall
abate by reason of the death of any injured person or of any person
liable or responsible under the provisions of this section. In any
action for physical injury based on imputed negligence under this
section by the executor, administrator, or personal representative of
any deceased person, the damages recoverable shall be the same as
those recoverable under Section 956 of the Civil Code.



662. A copy of the ordinances or local laws adopted pursuant to
this chapter, and of any amendments thereto, shall be filed in the
office of the department.


663. Every peace officer of this state or of any city, county, city
and county, or other political subdivision of the state shall
enforce this chapter and any regulations adopted by the department
pursuant to this chapter and in the exercise of that duty shall have
the authority to stop and board any vessel subject to this chapter,
where the peace officer has probable cause to believe that a
violation of state law or regulations or local ordinance exists.



663.1. Notwithstanding any other provision of law, a peace officer
may, without a warrant, arrest a person who is involved in an
accident in the waters of this state involving a vessel when the
officer has reasonable cause to believe that the person had been
operating the vessel while under the influence of an alcoholic
beverage or any drug, or under the combined influence of an alcoholic
beverage and any drug.



663.5. Within the territorial limits of a county, city, or
district, a harbor policeman regularly employed and paid as such by
the county, city, or district shall also enforce the provisions of
this chapter and any rules or regulations adopted by the department
pursuant to this chapter and the provisions of Chapter 2 (commencing
with Section 9850) of Division 3.5 of the Vehicle Code.
In the exercise of his duties, a harbor policeman shall have the
authority to stop any vessel subject to this chapter and to issue
written notices to appear in court pursuant to Section 664. As used
in Section 664, the term "officer" shall include a harbor policeman
regularly employed and paid as such by a county, city, or district.
Every harbor policeman who is on duty for the purpose of enforcing
the provisions of this chapter, and the rules and regulations
adopted by the department pursuant to this chapter, shall wear a full
distinctive uniform, and, if he uses a vessel, the vessel shall be
painted a distinctive color and appropriately marked as specified by
the department to identify it as a harbor police vessel.




663.6. Every vessel subject to this chapter, if under way and
lawfully ordered to stop and lie to by a peace officer or harbor
policeman authorized to enforce the provisions of this chapter who is
either in a uniform of a law enforcement agency or the harbor police
or in a vessel that is distinctly marked as belonging to a law
enforcement agency or to the harbor police, shall stop immediately
and lie to, or shall maneuver in such a way as to permit the peace
officer or harbor police vessel to come alongside.



663.7. (a) Each county of the state is entitled to receive state
financial aid for boating safety and enforcement programs on waters
under its jurisdiction as provided in this section. A boating safety
and enforcement program, as used in this section, includes search
and rescue operations, recovery of drowned bodies, enforcement of
state and local measures for regulation of boating activities,
inspection of vessels, and supervision of organized water events.
(b) A public agency within a county and the Department of Parks
and Recreation are entitled to receive aid for boating safety and
enforcement programs on waters under their jurisdiction through the
county in which it lies, and that aid shall be counted as aid to the
county; except that aid provided under subdivision (h) for boating
safety and enforcement programs of the Department of Parks and
Recreation for waters under its jurisdiction shall not be counted as
aid to a county.
(c) (1) Of the funds appropriated for boating safety and
enforcement programs pursuant to Section 85.2, the department shall
adopt and utilize a formula that first allocates funds to counties so
that no county receives less than the amount it was allocated in the
1996-97 fiscal year, unless the county's program is reduced, or the
county does not meet the eligibility requirements of this section.
If the total amount of money in the Harbors and Watercraft Revolving
Fund is less than the amount available for the 1996-97 fiscal year,
the funds allocated to each county shall be reduced in proportion to
the reduction in the overall fund relative to the 1996-97 fiscal
year.
(2) Second, from funds remaining, the department shall allocate
funds to eligible counties which have submitted a grant application
pursuant to subdivision (i) but which do not receive an allocation
pursuant to paragraph (1).
(3) The funds allocated pursuant to paragraph (1) shall not be
greater in total amount than 50 percent of the funds appropriated for
boating safety programs, unless the department determines that an
amount greater than 50 percent is needed to meet the minimum
allocation requirements set forth in paragraph (1).
(d) The amount of aid for which a county or a public agency within
a county is eligible under this section shall not exceed the total
cost of its boating safety and enforcement program. Notwithstanding
paragraph (1) of subdivision (c), no county shall receive an amount
greater than 20 percent of the total funds appropriated to all
counties for boating safety and enforcement programs in any fiscal
year. Notwithstanding any other provision of this section, any
county that receives a boating safety and enforcement allocation
during the 1997-98 fiscal year as a result of a prior appropriation
shall not receive an additional allocation for the 1997-98 fiscal
year pursuant to this section.
(e) The department shall not allocate funds to any county or a
public agency within a county unless the department receives a
resolution adopted annually by the board of supervisors authorizing
the county to participate in the program and certifying that the
county will expend for boating safety programs during that year not
less than an amount equal to 100 percent of the amount received by
the county from personal property taxes on vessels. The money
allocated to a county pursuant to subdivision (a) shall be used only
for boating safety and enforcement programs, as specified in
subdivision (a), that are conducted in that county.
(f) Any county that receives an allocation of funds pursuant to
subdivision (c) shall submit a report to the department on or before
60 days after the end of the fiscal year that provides all of the
following:
(1) The purpose for which funds received in the immediately
preceding fiscal year were spent.
(2) The total amount expended on boating safety and enforcement
programs in the immediately preceding fiscal year.
(3) All pertinent boating safety and enforcement and accident
statistics from the immediately preceding fiscal year.
(4) All other data that may be required by the department relating
to improved boating safety in California.
(g) The department shall provide in its biennial report to the
Legislature a summary of boating safety activities undertaken by the
counties receiving financial aid from the department in the
immediately preceding two fiscal years along with a summary of the
information received pursuant to subdivision (f).
(h) Aid for boating safety and enforcement programs shall be made
available to the Department of Parks and Recreation for waters under
its jurisdiction in accordance with a boat entry unit cost factor
derived by dividing the most recent annual boat entry count into the
maximum amount available and appropriated for those programs in the
1969-70 fiscal year. Budgets for those programs shall be estimated
for each fiscal year and adjustments shall be made thereto for the
previous year in accordance with the actual boat entry count as it
becomes available multiplied by the boat entry unit cost factor. The
amount thus determined shall be available to the Department of Parks
and Recreation from the Harbors and Watercraft Revolving Fund.
(i) Entities or agencies desiring aid under this section shall
submit grant applications to the department at least six months prior
to the period for which aid is required. Grant applications shall
be in the form and contain the information that the department may
require.
(j) Within 60 days after the close of any period for which aid is
received, the entity or agency shall submit to the department a
statement of the expenditures actually incurred, in the form and
containing the information that the department may require.
(k) The department shall be responsible for the administration of
this section, and may adopt rules and regulations that may be
necessary to carry out its provisions. The department shall make
periodic evaluations of the effectiveness of programs receiving aid
under this section.



664. (a) When any person is arrested for a violation of this
chapter or any regulation adopted by the department pursuant to this
chapter or any ordinance or local law relating to the operation and
equipment of vessels, and that person is not immediately taken before
a magistrate, the arresting officer shall prepare in duplicate a
written notice to appear in court, containing the name and address of
that person, the offense charged, and the time and place where and
when that person shall appear in court.
(b) The time specified in the notice to appear must be at least
five days after the arrest.
(c) The place specified in the notice to appear shall be any of
the following:
(1) Before a superior court judge who is within the county in
which the offense charged is alleged to have been committed and who
is nearest and most accessible to the place where the arrest is made.

(2) Upon demand of the person arrested, before a superior court
judge at the county seat of the county in which the offense is
alleged to have been committed.
(3) Before an officer authorized by the county, city, or city and
county, to receive a deposit of bail.
(4) Before a superior court judge within 50 miles by the nearest
road to the place of the alleged offense and whose county contains
any portion of the body of water upon which the offense charged is
alleged to have been committed.
(d) The officer shall deliver one copy of the notice to appear to
the arrested person and the arrested person in order to secure
release must give a written promise so to appear in court by signing
the duplicate notice which shall be retained by the officer.
Thereupon the arresting officer shall forthwith release the person
arrested from custody.
(e) The officer shall, as soon as practicable, file the duplicate
notice with the magistrate specified therein. Thereupon the
magistrate shall fix the amount of bail which in the magistrate's
judgment, in accordance with the provisions of Section 1275 of the
Penal Code, will be reasonable and sufficient for the appearance of
the defendant and shall indorse upon the notice a statement signed by
the defendant in the form set forth in Section 815a of the Penal
Code. The defendant may, prior to the date upon which the defendant
promised to appear in court, deposit with the magistrate the amount
of bail thus set. Thereafter, at the time when the case is called
for arraignment before the magistrate, if the defendant shall not
appear, either in person or by counsel, the magistrate may declare
the bail forfeited, and may in the magistrate's discretion order that
no further proceedings shall be had in the case.
Upon the making of any order that no further proceedings be had,
all sums deposited as bail shall forthwith be paid into the county
treasury for distribution pursuant to Section 1463 of the Penal Code.

(f) No warrant shall issue on any charge for the arrest of a
person who has given a written promise to appear in court, unless and
until the person has violated that promise or has failed to deposit
bail, to appear for arraignment, trial or judgment, or to comply with
the terms and provisions of the judgment, as required by law.



665. Any person willfully violating his written promise to appear
in court is guilty of a misdemeanor regardless of the disposition of
the charge upon which he was originally arrested.



666. When a person signs a written promise to appear at the time
and place specified in the written promise to appear and has not
posted bail as provided in Section 664, the magistrate shall issue
and have delivered for execution a warrant for his arrest within
twenty (20) days after his failure to appear as promised, or if such
person promises to appear before an officer authorized to accept bail
other than a magistrate and fails to do so on or before the date
which he promised to appear, then, within twenty (20) days after the
delivery of such written promise to appear by the officer to a
magistrate having jurisdiction over the offense.
When such person violates his promise to appear before an officer
authorized to receive bail other than a magistrate, the officer shall
immediately deliver to the magistrate having jurisdiction over the
offense charged the written promise to appear and the complaint, if
any, filed by the arresting officer.



667. In addition to any other court which may be a proper place of
trial, any superior court location where cases of that type are
tried, within 50 miles by the nearest road to the place of the
alleged offense, shall be a proper place of trial of any person on a
charge of violation of this chapter or any regulation adopted by the
department pursuant to this chapter or any ordinance or local law
relating to the operation and equipment of vessels if the county in
which the court is located includes any portion of the body of water
upon which the offense charged is alleged to have been committed.



668. (a) Any person who violates subdivision (c) of Section 652,
Section 654, 654.05, 654.06, 655.7, 658.3, 659, 673, 674, or 754, or
any regulations adopted pursuant thereto, or any regulation adopted
pursuant to Section 655.3 relating to vessel equipment requirements,
is guilty of an infraction, punishable by a fine of not more than two
hundred fifty dollars ($250).
(b) (1) Any person who violates Section 655.2, or any regulation
adopted pursuant thereto, or, except as provided in subdivision (a),
any regulation adopted pursuant to Section 655.3, is guilty of a
misdemeanor and shall be punished by a fine of not more than one
hundred dollars ($100) or imprisonment in the county jail for not
more than five days, or by both that fine and imprisonment, for each
violation.
(2) Any person who violates subdivision (a) or (b) of Section 658
is guilty of a misdemeanor and shall be punished by a fine of not
more than two hundred dollars ($200) for each violation.
(3) Any person who violates subdivision (d) of Section 652,
Section 652.5, subdivision (a) of Section 655, Section 655.05, 656,
or 656.1, subdivision (d) or (e) of Section 658, Section 663.6 or
665, or any rules and regulations adopted pursuant to subdivision (b)
or (c) of Section 660, is guilty of a misdemeanor and shall be
punished by a fine of not more than one thousand dollars ($1,000) or
imprisonment in the county jail for not more than six months, or by
both that fine and imprisonment, for each violation.
(c) (1) Any person convicted of a violation of Section 656.2 or
656.3 shall be punished by a fine of not less than one thousand
dollars ($1,000) or more than ten thousand dollars ($10,000), or by
imprisonment in the state prison or in the county jail for not more
than one year, or by both that fine and imprisonment.
(2) In imposing the minimum fine required by this subdivision, the
court shall take into consideration the defendant's ability to pay
the fine and, in the interest of justice for reasons stated in the
record, may reduce the amount of that minimum fine to less than the
amount otherwise required by this subdivision.
(d) Any person convicted of a violation of Section 658.5 shall be
punished by a fine of not more than one hundred dollars ($100).
(e) Any person convicted of a first violation of subdivision (b),
(c), (d), or (e) of Section 655, or of a violation of Section 655.4,
shall be punished by a fine of not more than one thousand dollars
($1,000) or imprisonment in the county jail for not more than six
months, or by both that fine and imprisonment. If probation is
granted, the court, as a condition of probation, may require the
person to participate in, and successfully complete, an alcohol or
drug education, training, or treatment program, in addition to
imposing any penalties required by this code. In order to enable all
persons to participate in licensed programs, every person referred
to a program licensed pursuant to Section 11836 of the Health and
Safety Code shall pay that program's costs commensurate with that
person's ability to pay as determined by Section 11837.4 of the
Health and Safety Code.
(f) Any person convicted of a second or subsequent violation of
subdivision (b), (c), (d), or (e) of Section 655 within seven years
of the first conviction of any of those subdivisions or subdivision
(f) of Section 655, or any person convicted of a violation of
subdivision (b), (c), (d), or (e) of Section 655 within seven years
of a separate conviction of Section 191.5 or subdivision (c) of
Section 192.5 of the Penal Code, when the separate conviction
resulted from the operation of a vessel, or a separate conviction of
Section 23152 or 23153 of the Vehicle Code or of Section 191.5 or
paragraph (3) of subdivision (c) of Section 192 of the Penal Code,
when the separate conviction resulted from the operation of a motor
vehicle, shall be punished by a fine of not more than one thousand
dollars ($1,000) or imprisonment in the county jail for not more than
one year, or by both that fine and imprisonment. If probation is
granted, the court, as a condition of probation, may require the
person to do either of the following, if available in the county of
the person's residence or employment:
(1) Participate, for at least 18 months subsequent to the
underlying conviction and in a manner satisfactory to the court, in a
program licensed pursuant to Chapter 9 (commencing with Section
11836) of Part 2 of Division 10.5 of the Health and Safety Code, as
designated by the court. In order to enable all required persons to
participate, each person shall pay the program costs commensurate
with the person's ability to pay as determined pursuant to Section
11837.4 of the Health and Safety Code.
(2) Participate, for at least 30 months subsequent to the
underlying conviction and in a manner satisfactory to the court, in a
program licensed pursuant to Chapter 9 (commencing with Section
11836) of Part 2 of Division 10.5 of the Health and Safety Code. A
person ordered to treatment pursuant to this paragraph shall apply to
the court or to a board of review, as designated by the court, at
the conclusion of the program to obtain the court's order of
satisfaction. Only upon the granting of that order of satisfaction
by the court may the program issue its certificate of successful
completion. A failure to obtain an order of satisfaction at the
conclusion of the program is a violation of probation. In order to
enable all required persons to participate, each person shall pay the
program costs commensurate with the person's ability to pay as
determined pursuant to Section 11837.4 of the Health and Safety Code.
No condition of probation required pursuant to this paragraph is a
basis for reducing any other probation requirement.
(g) Any person convicted of a violation of subdivision (f) of
Section 655 shall be punished by imprisonment in the state prison, or
in the county jail for not less than 90 days or more than one year,
and by a fine of not less than two hundred fifty dollars ($250) or
more than five thousand dollars ($5,000). If probation is granted,
the court, as a condition of probation, may require the person to
participate in, and successfully complete, a program licensed
pursuant to Chapter 9 (commencing with Section 11836) of Part 2 of
Division 10.5 of the Health and Safety Code, if available in the
person's county of residence or employment, as designated by the
court. In order to enable all required persons to participate, each
person shall pay the program costs commensurate with the person's
ability to pay as determined pursuant to Section 11837.4 of the
Health and Safety Code.
(h) (1) If any person is convicted of a violation of subdivision
(f) of Section 655 within seven years of a separate conviction of a
violation of subdivision (b), (c), (d), or (e) of Section 655 and is
granted probation, the court shall impose as a condition of probation
that the person be confined in the county jail for not less than
five days or more than one year and pay a fine of not less than two
hundred fifty dollars ($250) or more than five thousand dollars
($5,000).
(2) If any person is convicted of a violation of subdivision (f)
of Section 655 within seven years of a separate conviction of a
violation of subdivision (f) of Section 655, of Section 191.5 or
subdivision (c) of Section 192.5 of the Penal Code, when the prior
conviction resulted from the operation of a vessel, or Section 23152
or 23153 of the Vehicle Code or Section 191.5 or paragraph (3) of
subdivision (c) of Section 192 of the Penal Code, when the separate
conviction resulted from the operation of a motor vehicle, and is
granted probation, the court shall impose as a condition of probation
that the person be confined in the county jail for not less than 90
days or more than one year, and pay a fine of not less than two
hundred fifty dollars ($250) or more than five thousand dollars
($5,000), and the court, as a condition of probation, may order that
the person participate in a manner satisfactory to the court, in a
program licensed pursuant to Chapter 9 (commencing with Section
11836) of Part 2 of Division 10.5 of the Health and Safety Code, if
available in the county of the person's residence or employment. In
order to enable all required persons to participate, each person
shall pay the program costs commensurate with the person's ability to
pay as determined pursuant to Section 11837.4 of the Health and
Safety Code.
(i) The court shall not absolve a person who is convicted of a
violation of subdivision (f) of Section 655 within seven years of a
separate conviction of a violation of subdivision (b), (c), (d), (e),
or (f) of Section 655, of Section 191.5 or subdivision (c) of
Section 192.5 of the Penal Code, when the separate conviction
resulted from the operation of a vessel, or Section 23152 or 23153 of
the Vehicle Code or Section 191.5 or paragraph (3) of subdivision
(c) of Section 192 of the Penal Code, when the separate conviction
resulted from the operation of a motor vehicle, from the minimum time
in confinement provided in this section and a fine of at least two
hundred fifty dollars ($250), except as provided in subdivision (h).

(j) Except in unusual cases where the interests of justice demand
an exception, the court shall not strike a separate conviction of an
offense under subdivision (b), (c), (d), (e), or (f) of Section 655
or of Section 191.5 or subdivision (c) of Section 192.5 of the Penal
Code, when the prior conviction resulted from the operation of a
vessel, or Section 23152 or 23153 of the Vehicle Code or Section
191.5 or paragraph (3) of subdivision (c) of Section 192 of the Penal
Code, when the separate conviction resulted from the operation of a
motor vehicle, for purposes of sentencing in order to avoid imposing,
as part of the sentence or as a term of probation, the minimum time
in confinement and the minimum fine, as provided in this section.
When a separate conviction is stricken by the court for purposes of
sentencing, the court shall specify the reason or reasons for the
striking order. On appeal by the people from an order striking a
separate conviction, it shall be conclusively presumed that the order
was made only for the reasons specified in the order, and the order
shall be reversed if there is no substantial basis in the record for
any of those reasons.
(k) A person who flees the scene of the crime after committing a
violation of Section 191.5, paragraph (1) or (3) of subdivision (c)
of Section 192, or subdivision (a) or (c) of Section 192.5 of the
Penal Code shall be subject to subdivision (c) of Section 20001 of
the Vehicle Code.
(l) Any person who violates Section 654.3 is guilty of an
infraction punishable by a fine of not more than five hundred dollars
($500) for each separate violation.



668.1. (a) Any person convicted of a violation of subdivision (a),
(b), (c), (d), (e), or (f) of Section 655, or of Section 655.2,
655.6, 655.7, 658, or 658.5, or of Section 191.5 of the Penal Code,
or of the federal rules of the road and pilot rules, not including
equipment requirements, incorporated by reference in Section 6600.1
of Title 14 of the California Code of Regulations, or found by a
court to have performed any of the acts described in Section 6697 of
Title 14 of the California Code of Regulations, pertaining to a
mechanically propelled vessel but not to manipulating any water skis,
an aquaplane, or similar device, when the conviction resulted from
the operation of a vessel, shall be ordered by the court to complete
and pass a boating safety course approved by the department pursuant
to Section 668.3.
(b) Any person who has been ordered by the court to complete and
pass a boating safety course pursuant to this section shall submit to
the court proof of completion and passage of the course within seven
months of the time of his or her conviction. The proof shall be in
a form that has been approved by the department and that provides for
the ability to submit the form to the court through the United
States Postal Service. If the person who has been required to
complete and pass a boating safety course is under 18 years of age,
the court may require that the person obtain parental consent to
enroll in the course. If the person does not complete and pass the
boating safety course, the court may extend the period for completion
or impose another penalty as prescribed by statute.
(c) The department shall adopt regulations to carry out this
section, including approval of boating safety education courses, as
specified in Section 668.3, prescribing the forms for proof of
completion and passage, approval of testing to indicate appropriate
mastery of the course subject matter, and setting forth any fees to
be charged to course participants, which fees shall not exceed the
expenses associated with providing the course.



668.2. The department may grant funds from the Harbors and
Watercraft Revolving Fund to local public agencies, nonprofit
organizations, and colleges and universities for scholarship funding
relating to boating safety education, to finance the purchase of
vessels and related safety equipment for use in boating safety
education classes, and to provide voluntary personal watercraft
education course materials developed by the department pursuant to
subdivision (b) of Section 668.3 in those situations where the
department determines the course would not otherwise be available to
a significant number of personal watercraft operators. The
department shall adopt regulations necessary to implement this
section.


668.3. (a) For the purposes of Section 668.1, the department shall
approve boating safety courses that it determines provides the course
taker with information that effectively educates the course taker as
to the basic rules of California waterways, the proper and safe
manner to operate recreational vessels, and actions that can be taken
to avoid boating-related environmental pollution.
(b) The department shall develop a personal watercraft education
course that provides the course taker with information that
effectively educates the course taker as to the basic rules of
California waterways, the proper and safe manner to operate personal
watercraft, and actions that can be taken to avoid personal
watercraft-related environmental pollution. The course shall be
voluntary and shall be made available to groups, individuals, and
clubs. The course shall be made available on the department's
website and may be made available in other formats, as determined by
the department. The department shall consult with the California
State Sheriff's Association in developing the course and making it
available on the Internet.



669. The regulations adopted by the department pursuant to this
chapter shall be adopted in accordance with Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code.


673. The owner of a boat livery shall cause to be kept a record of
the name and address of the person or persons hiring any boat or
vessel subject to this code, the registered identification number of
such vessel, the departure date and time, and the expected time of
return. The record shall be preserved for at least six months.




674. Neither the owner of a boat livery nor his agent or employees
shall permit any vessel to be delivered to a renter unless it shall
have been provided, either by the owner or renter, with the equipment
required pursuant to the applicable laws and regulations.