(1) No person shall operate a personal watercraft unless each person aboard is wearing a personal flotation device of a type approved by the United States Coast Guard that is in a good and serviceable condition.
A person operating a personal watercraft equipped by the original manufacturer withan engine cutoff switch lanyard shall attach such lanyard to his or her person, clothing, or personal flotation device, as appropriate for the specific vessel.
Every vessel, other than a personal watercraft, operated on the waters of this stateshall at all times have aboard:
One personal flotation device of a type approved by the commandant of the UnitedStates Coast Guard in good and serviceable condition and in a readily accessible place of storage for each person on board; except that sailboard operators may wear a wet suit, as defined by the commission, in lieu of carrying a personal flotation device as required by this paragraph (a);
When in operation during hours of darkness, a light sufficient to make the vessel'spresence and location known to any and all other vessels within a reasonable distance;
If not an entirely open vessel and if carrying or using any inflammable or toxic fluidin any enclosure for any purpose, an efficient natural or mechanical ventilation system which shall be capable of removing any resulting gases prior to and during the time such vessel is occupied by any person.
Every vessel operated on the waters of this state shall have such additional equipment that is designed to promote navigational safety and that the commission may find to be necessary or desirable for the safe operation of vessels upon the waters of this state.
(4.5) No person shall operate a vessel that has entered the water unless each child under the age of thirteen who is aboard such vessel is wearing a personal flotation device, unless such child is below deck or in an enclosed cabin. Such flotation device shall be of a type approved by the United States Coast Guard and shall be in good and serviceable condition.
Any person who violates this section is guilty of a class 2 petty offense and, uponconviction, shall be punished by a fine of one hundred dollars.
The commission may exempt vessels from subsection (1), (2), (3), (4), or (4.5) of thissection under certain conditions or upon certain waters.
Source: L. 84: Entire article added, p. 901, § 2, effective January 1, 1985. L. 93: (1)(a) amended, p. 1837, § 4, effective July 1. L. 95: (2) amended, p. 972, § 17, effective July 1. L. 97: Entire section amended, p. 1604, § 2, effective June 4. L. 2003: (4.5) added and (5) and (6) amended, p. 1946, § 18, effective May 22. L. 2012: (3)(a), (4), and (6) amended, (HB 12-1317), ch. 248, p. 1226, § 58, effective June 4. L. 2019: (5) amended, (HB 19-1026), ch. 423, p. 3697, § 19, effective July 1.
Editor's note: This section is similar to former § 33-31-105 as it existed prior to 1984.
Cross references: For the short title ("Respect the Great Outdoors Act") and the legislative declaration in HB 19-1026, see sections 1 and 2 of chapter 423, Session Laws of Colorado 2019.