It is unlawful for any boat owner to operate or cause to operate a boat in a negligent manner. For the purpose of this section "to operate in a negligent manner" means the operation of a boat in such a manner as to create an unjustifiable risk of harm to a person or to property and who, as a result of the creation of the risk, actually endangers a person or property. An unjustifiable risk is a risk of such a nature and degree that a failure to avoid it constitutes a deviation from the standard of care that a reasonable person would observe in the situation. Proof that a defendant actually endangered a person or property is established by showing that, as a result of the defendant's operation:
1. an accident occurred;
2. a person, including the defendant, took evasive action to avoid an accident;
3. a person, including the defendant, stopped or slowed down suddenly to avoid an accident;
4. a person or property, including the defendant or his property, was otherwise endangered; or
5. the offense of negligent driving is a lesser offense than, and included in, the offense of reckless driving, and a person charged with reckless driving may be convicted of the lesser charge of negligent driving.
(Ord. 77-01 (part), 1977)