Tuesday, April 23, 2013

PRVWSD Regulations: No Wake!

The PRVWSD Regulations contain a number of rules that carry criminal-like penalties related to use of Reservoir property.  Some have serious implications, like Rule 11.1, which prohibits registered sex offenders from utilizing District campgrounds (fine of $1,000.00 and/or 15 nights in the box).  Others are more affable, like Rule 9.1, prohibiting feeding Canada Geese (that means you, every kid who has eaten at Cock-of-the-Walk).

I will walk through a few in the upcoming weeks, focusing today on Regulations affecting No Wake Zones while boating.

Chapter 2 of the Regulations deals with "Boats and Boating".  These Regulations are rather benign, consisting of four subparts:

   2.1 - Operation of boats within congested areas;
   2.2 - Mooring of boats;
   2.3 - Loud boats;
   2.4 - Operation of boats in general.

Under 2.1, operating a boat in a manner which would cause a wake in the vicinity of an area "conspicuously marked by a sign . . . stating 'No Wake'" is prohibited.  While the rule states these areas will be either public launching ramps, commercial marinas, or private docks, the presence of a "No Wake" sign is apparently mandatory for there to be a violation.

The rule also lists several specific locations where a wake is prohibited, including Eddie's Island, Flag Island, and under Northshore Parkway.  However, again, this rule contains the qualifier: "provided, that such areas shall be conspicuously marked by a sign or signs stating 'No Wake' upon entering and leaving such areas."  Note the emphasized language.  Criminal statutes are strictly construed in favor of the accused.  Tipton v. State, 41 So. 3d 679, 683 (Miss. 2010).  "Simply stated, 'shall' is mandatory".  Pitalo v. GPCH-GP, Inc. 933 So. 2d 937, 929 (Miss. 2005).

Other specific locations where wake is prohibited: within 100 feet of any law enforcement boat while the blue warning lights are activated, or within 100 feet of a fire/rescue boat with flashing red light.

"Wake" is conveniently defined for you as "any change in the vertical height of the water's surface."  That seems to me to be a rather broad definition.  I mean, an evil, hungry Canada Goose landing on the water would be in violation.  Best get your hovercraft ready.  

Violations of Rule 2.1 are punishable by a fine of $250 and/or 15 days in jail. 


Anonymous said...

The "LEAVE NO WAKE" signs around the Turtle Creek area and boat ramp are gone.

Anonymous said...

I am a little more interested in the story on the news the other night that the rez authority wants to increase the size of the "campground" ie trailer park in front of the Northshore YMCA.

Anonymous said...

If you had the wake of speeding boats undermining your seawall, you would be more concerned. The ones between Forest Point,Harbor View, Bay Park and Audubon Point are gone too. The Prv is pretty much going to do whatever they please and no one is going to do anything to stop them including our elected officials. When I spoke to them about all the campers/trailers in our subdivisions they wondered why I would be so surprised since it was recreational area. So I asked them to just enforce the covenants and they said they were not responsible for the covenants anymore because they had expired. Strange, the copy I was given when I bought my home didn't have an expiration date on them but did have the PRV's name all over it. Little did I know this was a precursor to developing another campground/trailer park next to the subdivisions and YMCA where the children have a "free space" to play. Maybe their goal is for homeowners to get so disgusted with plummeting property values that they just rent when they can't sell and they can charge renters fees (oh, wait, that's exactly what they are doing). Always about the bottom line. They want more money and the homeowner is just in their way so just bulldoze ahead--literally.

Anonymous said...

Just like the PRV to publicly state they are going to enforce something like a "no wake" zone if there is a sign and then remove the sign so they don't have to do anything. Where is there any recourse to these people?

Anonymous said...

"No Wake Zone" means not movement of the water. The boat's speed and draft are the determining factors that will generate a wake. Even at minimum speed a wake is generated.

"Speed" should be determining factor for penalty. Ripples in water can be a wake! Speed can be measured but a wake is subjective because it requires a visual judgement. Speed can be measured by a device with considerable accuracy. Also zones can be defined by signage, buoys or graphic definition.

Again those who set the rules to control behavior of those who don't have self control or consideration for others property. It's a shame we have to have these type of governances. But at least when designing an act and penalty use clear measurable actions and a little common sense.