235.230 Duties of boat marina owner.
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The owner of a boat marina shall cause to be kept a record of the name and address
of the person or persons hiring any vessel which is designed or permitted by him to
be operated as a motorboat; the identification number thereof; and the departure
time and date, and the expected time of return. The record shall be preserved for at
least six (6) months.
Neither the owner of a boat marina, nor his agent or employee shall permit any
motorboat or any vessel owned or leased by him to be operated as a motorboat to
depart from his premises unless it shall have been provided, either by the owner or
the renter, with the equipment required pursuant to KRS 235.200 and any rules and
regulations made pursuant thereto, except that the operator need not have the
certificate of registration in his possession.
The certificate of registration and number for vessels leased or rented by a marina
may be retained on shore by the owner of the marina or his representative at the
place from which the vessel departs or returns to the possession of the livery or his
representative; provided, however, the operator shall have with him a copy of the
lease or rental agreement signed by the marina owner or an authorized
representative of the marina and by the person leasing or renting the vessel that
contains the vessel's number which appears on the certificate of number and the
period of time for which the vessel is leased or rented.
By July 15, 2000, the owner of a marina shall provide access to sewage pumpout
facilities for the owners of motorboats with marine toilet facilities. For the purpose
of this subsection a sewage pumpout facility means equipment designed to receive
the discharge of sewage from a marine sanitation device and allow the disposal of
the sewage in a manner that prevents the sewage from entering the waters of the
state. To provide access to sewage pumpout facilities a marina owner may, by way
of illustration and not to limit the options available to a marina owner:
(a) Build and operate pumpout facilities;
(b) Contract with another marina owner with pumpout facilities, if the contracting
marinas are not more than eight (8) water miles apart and accessible in a way
that does not require motorboats to be trailered; and
(c) Contract with a person licensed under KRS 211.972 to provide pumpout
facility service, if the service is available during normal business hours
including holidays and if the service can be provided within a reasonable time
upon request by a motorboat owner.
Effective: July 15, 1998
History: Amended 1998 Ky. Acts ch. 71, sec. 7, effective July 15, 1998. -- Amended
1978 Ky. Acts ch. 263, sec. 16, effective June 17, 1978. -- Created 1960 Ky. Acts
ch. 68, Art. VIII, sec. 25, effective March 17, 1960.
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