§ 49-a. Operation of a vessel while under the influence of alcohol or\ndrugs. 1. Definitions. As used in this section, unless the context\nclearly indicates otherwise:\n (a) The term "vessel" shall be every description of watercraft or\nother artificial contrivance propelled in whole or in part by mechanical\npower and, which is used or capable of being used as a means of\ntransportation over water, and which is underway and not at anchor or\nmade fast to the shore or ground. The term "vessel" shall include a\n"public vessel" as defined herein unless otherwise specified.\n (b) The term "public vessel" shall mean and include every vessel which\nis propelled in whole or in part by mechanical power and is used or\noperated for commercial purposes on the navigable waters of the state;\nthat is either carrying passengers, carrying freight, towing, or for any\nother use, for which a compensation is received, either directly or\nwhere provided as an accommodation, advantage, facility or privilege at\nany place of public accommodation, resort or amusement.\n (c) The term "waters of the state" means all of the waterways or\nbodies of water located within New York state or that part of any body\nof water which is adjacent to New York state over which the state has\nterritorial jurisdiction, on which a vessel or public vessel may be used\nor operated, including Nassau and Suffolk counties.\n 2. Offenses: criminal penalties. (a) No person shall operate a vessel\nupon the waters of the state while his or her ability to operate such\nvessel is impaired by the consumption of alcohol. (1) A violation of\nthis subdivision shall be an offense and shall be punishable by a fine\nof not less than three hundred dollars nor more than five hundred\ndollars, or by imprisonment in a penitentiary or county jail for not\nmore than fifteen days, or by both such fine and imprisonment. (2) A\nperson who operates a vessel in violation of this subdivision after\nbeing convicted of a violation of any subdivision of this section within\nthe preceding five years shall be punished by a fine of not less than\nfive hundred dollars nor more than seven hundred fifty dollars, or by\nimprisonment of not more than thirty days in a penitentiary or county\njail or by both such fine and imprisonment. (3) A person who operates a\nvessel in violation of this subdivision after being convicted two or\nmore times of a violation of any subdivision of this section within the\npreceding ten years shall be guilty of a misdemeanor, and shall be\npunished by a fine of not less than seven hundred fifty dollars nor more\nthan fifteen hundred dollars, or by imprisonment of not more than one\nhundred eighty days in a penitentiary or county jail or by both such\nfine and imprisonment.\n (b) No such person shall operate a vessel other than a public vessel\nwhile he has .08 of one per centum or more by weight of alcohol in his\nblood, breath, urine, or saliva, as determined by the chemical test made\npursuant to the provisions of subdivision seven of this section.\n (c) No such person shall operate a public vessel while he has .04 of\none per centum or more by weight of alcohol in his blood, breath, urine,\nor saliva, as determined by the chemical test made pursuant to the\nprovisions of subdivision seven of this section.\n (d) No person shall operate a vessel while he is in an intoxicated\ncondition.\n (e) No person shall operate a vessel while his ability to operate such\nvessel is impaired by the use of a drug as defined by section one\nhundred fourteen-a of the vehicle and traffic law.\n (e-1) No person sixteen years of age or older shall operate a vessel\nin violation of paragraph (b), (d) or (e) of this subdivision while a\nchild who is fifteen years of age or less is a passenger in such vessel.\n (f)(1) A violation of paragraph (b), (c), (d) or (e) of this\nsubdivision shall be a misdemeanor and shall be punishable by\nimprisonment in a penitentiary or county jail for not
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