(A) A person who is ordered not to operate a vessel on the waters of this state or of the city and who has been notified of the order by personal service or first class mail shall not operate a vessel on the waters of the city. A person shall not knowingly permit a vessel owned by the person to be operated on the waters of the city by a person who is subject to such an order. A person who violates this division (A) is guilty of a misdemeanor punishable as follows:
(1) By imprisonment for not more than 90 days or by a fine of not more than $500 or both; and
(2) For a second or subsequent violation punishable under this division (A), by imprisonment for not more than 90 days or a fine of not more than $1,000 or both.
(B) Upon receiving a record of the conviction of a person upon a charge of unlawful operation of a vessel while the person is subject to an order not to operate a vessel on the waters of the city, the Secretary of State shall immediately extend the length of the order for an additional like period. If the Secretary of State receives records of more than one conviction resulting from the same incident, all of the convictions shall be treated as a single violation for purposes of extending the length of an order under this division (B).
(C) Before a person is arraigned before a judge or District Court magistrate on a charge of violating this section, the arresting officer shall obtain the boating record of the person from the Secretary of State and shall furnish the record to the court. The boating record of the person may be obtained from the Secretary of State’s computer information network.
(D) This section does not apply to a person who operates a vessel solely for the purpose of protecting human life or property, if the life or property is endangered and the summoning or giving of prompt aid is essential.
(E) If a person is convicted of violating division (A) above, the court shall order confiscation of the vessel’s certificate of number and cancellation of the vessel’s registration numbers, unless the vessel was stolen or permission to use the vessel was not knowingly given. The Secretary of State shall not assign a registration number to or issue a certificate of number for a vessel whose number is canceled and certificate confiscated until after the expiration of 90 days after the cancellation or confiscation, whichever is later.
(Prior Code, § 21.5-138) (Ord. 1048, passed 5-18-1998)