(a) No boat harbor facilities user shall operate in a negligent manner anywhere in the boat harbor facilities. For the purpose of this section "to operate in a negligent manner" means the operation of a boat, vehicle or equipment 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.
(b) 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; or
(4) A person or property, including the defendant or his property, was otherwise endangered.
(c) The offense of negligent operation is a lesser offense than, and included in, the offense of reckless operation, and a person charged with reckless operation may be convicted of the lesser charge of negligent operations.
(Ord. 2011-05, passed 6-14-11)