§ 3315. Water skis and surfboards

(a) Except as provided in this subsection, a person shall not operate a vessel on any waters of this State to tow a person or persons on water skis, aquaplane, kite skis, wakeboard, kneeboard, or similar device unless the person being towed is wearing a U.S. Coast Guard-approved personal flotation device and unless there is in the vessel a person who is at least 12 years old, in addition to the operator, in a position to observe the progress of the person or persons being towed. Persons engaged in barefoot waterskiing may elect at their own risk to wear a non-Coast Guard-approved barefoot wetsuit designed specifically for this activity. An observer shall not be required if the vessel is:

(1) a tow boat approved by the American Water Ski Association and equipped with a wide-angle mirror having a viewing surface of at least 48 square inches;

(2) being operated by a person who is at least 18 years of age; and

(3) being operated within an American Water Ski Association regulation slalom course.

(b) The provisions of subsection (a) of this section do not apply to a performer engaged in a professional exhibition nor to a person engaged in an activity authorized under section 3316 of this title.

(c) A person shall not operate or manipulate any vessel, tow rope, or other device by which the direction or location of water skis, a surfboard, or similar device may be affected or controlled in such a way as to cause the water skis, surfboard, or similar device, or any person thereon to approach within 100 feet of a person swimming, or a canoe, rowboat, or other light craft conveying any person. This subsection does not prohibit necessary mooring or landing, or leaving shore.

(d) The Commissioner may designate areas less than 200 feet from the shoreline of a body of water, other than a river, to allow for the operation of a motorboat used for the purpose of towing a person or persons on water skis, aquaplane, kite skis, surfboard, or similar device. The Commissioner shall adopt rules to establish criteria governing the designation of such areas and conditions which may be placed on the designated areas. The Commissioner may consider safety, potential environmental damage, the impact on adjacent areas and uses and any other related concerns. (Added 1983, No. 212 (Adj. Sess.), § 2; amended 1985, No. 23; 1985, No. 149 (Adj. Sess.); 1989, No. 65, § 10; 1989, No. 159 (Adj. Sess.), § 4; 2005, No. 196 (Adj. Sess.), § 1.)