Chapter 37 — GAME AND PARKS
640 sections in this chapter.
Neb. Rev. Stat. § 37-1241.07 Motorboat or personal watercraft; age restriction on lease, hire, or rental; restriction on operation; duties of owner, agent, or employee.
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(1) The owner of a boat livery, or his or her agent or employee, shall not lease, hire, or rent a motorboat or personal watercraft to any person under eighteen years of age. (2) Except as provided in subdivision (1)(a) of section 37-1241.06, a person younger than eighteen years o…
Neb. Rev. Stat. § 37-1241.08 Sections; applicability.
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Sections 37-1241.01 to 37-1241.07 shall not apply to a person operating a motorboat or personal watercraft and participating in a regatta, race, marine parade, tournament, or exhibition which has been authorized or permitted by the commission pursuant to sections 37-1262 and 37-1…
Neb. Rev. Stat. § 37-1242 Motorboat; fire extinguishers required.
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Every motorboat shall be provided with such number, size, and type of fire extinguishers, capable of promptly and effectually extinguishing burning gasoline, as may be prescribed by the regulations of the commission, which fire extinguishers shall be at all times kept in conditio…
Neb. Rev. Stat. § 37-1243 Racing vessels; equipment, exceptions; when.
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The provisions of sections 37-1239, 37-1240, and 37-1242 shall not apply to vessels while competing in any race conducted pursuant to sections 37-1262 and 37-1263 or, if such boats be designed and intended solely for racing, while engaged in such navigation as is incidental to th…
Neb. Rev. Stat. § 37-1244 Motorboat; engine equipped with flame arrester or similar device; exception.
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Every motorboat shall have the carburetor or carburetors of every engine therein, except outboard motors, using gasoline as fuel, equipped with such efficient flame arrester, backfire trap, or other similar device as may be prescribed by the regulations of the commission.
Neb. Rev. Stat. § 37-1245 Motorboat; proper ventilation of bilges required.
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Every motorboat and every vessel, except open boats, using as fuel any liquid of a volatile nature, shall be provided with such means as may be prescribed by the regulations of the commission for properly and efficiently ventilating the bilges of the engine and fuel tank compartm…
Neb. Rev. Stat. § 37-1246 Federal boating laws or coast guard regulations; equipment requirements; commission; option to adopt.
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The commission may adopt rules and regulations modifying the equipment requirements contained in sections 37-1232 to 37-1245 to the extent necessary to keep these requirements in conformity with the provisions of the federal boating laws or with the boating regulations promulgate…
Neb. Rev. Stat. § 37-1247 Federal boating laws or coast guard regulations; pilot rules; commission; option to adopt.
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The commission is hereby authorized to establish and maintain, for the operation of vessels on the waters of this state, pilot rules in conformity with the pilot rules contained in the federal boating laws or the boating regulations promulgated by the United States Coast Guard.
Neb. Rev. Stat. § 37-1248 Operation of a vessel without required equipment; prohibited.
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No person shall operate or give permission for the operation of a vessel which is not equipped as required by the State Boat Act.
Neb. Rev. Stat. § 37-1249 Vessels; exemption from numbering.
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A vessel shall not be required to be numbered pursuant to the State Boat Act if it is: (1) Already covered by a number in full force and effect which has been awarded to it pursuant to federal law or a federally approved numbering system of another state and if such boat has not …
Neb. Rev. Stat. § 37-1250 Vessel; exempt from numbering by commission rule and regulation.
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The commission may by rule and regulation exempt a vessel from numbering under the State Boat Act after the commission has found that the numbering of certain vessels will not materially aid in their safety and identification.
Neb. Rev. Stat. § 37-1251 Boat livery; records required.
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The owner of a boat livery 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 certificate of number thereof, the departure date and time, and the expected time…
Neb. Rev. Stat. § 37-1252 Boat livery; vessel operated without required equipment; prohibited.
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Neither the owner of a boat livery, nor his agent or employee shall permit any motorboat or any vessel designed or permitted by him to be operated as a motorboat to depart from his premises unless it shall have been provided, either by owner or renter, with the equipment required…
Neb. Rev. Stat. § 37-1253 Motorboat; noise level; restriction; muffling equipment; requirements.
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(1) No person shall operate or give permission for the operation of a motorboat on the waters of this state in such a manner as to exceed a noise level of ninety-six decibels when measured at one hundred feet or more on plane using the A-weighting network of a sound level meter c…
Neb. Rev. Stat. § 37-1254 Prohibited operation; reckless or negligent; proof.
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No person shall operate any motorboat or vessel or manipulate any water skis, surfboard, or similar device in a reckless or negligent manner so as to endanger the life, limb, or property of any person.
Neb. Rev. Stat. § 37-1254.01 Boating under influence of alcoholic liquor or drug; city or village ordinances; violation; penalty.
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(1) No person shall be in the actual physical control of any motorboat or personal watercraft under propulsion upon the waters of this state: (a) While under the influence of alcoholic liquor or of any drug; (b) When such person has a concentration of eight-hundredths of one gram…
Neb. Rev. Stat. § 37-1254.02 Boating under influence of alcoholic liquor or drug; implied consent to submit to chemical test; preliminary test; refusal; advisement; effect; violation; penalty.
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(1) Any person who has in his or her actual physical control a motorboat or personal watercraft under propulsion upon the waters of this state shall be deemed to have given his or her consent to submit to a chemical test or tests of his or her blood, breath, or urine for the purp…
Neb. Rev. Stat. § 37-1254.03 Boating under influence of alcoholic liquor or drug; choice of test; privileges of person tested.
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The peace officer who requires a chemical blood, breath, or urine test or tests pursuant to section 37-1254.02 may direct whether the test or tests shall be of blood, breath, or urine. When the officer directs that the test or tests shall be of a person's blood, the person tested…
Neb. Rev. Stat. § 37-1254.04 Boating under influence of alcoholic liquor or drug; unconscious; effect on consent.
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Any person who is unconscious or who is otherwise in a condition rendering him or her incapable of refusal shall be deemed not to have withdrawn the consent provided by section 37-1254.02, and the test may be given.
Neb. Rev. Stat. § 37-1254.05 Boating under influence of alcoholic liquor or drug; chemical test; violation of statute or ordinance; results; competent evidence; permit; fee; evidence existing or obtained outside state; effect.
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(1) Except as provided in section 37-1254.03, any test or tests made pursuant to section 37-1254.02, if made in conformance with the requirements of this section, shall be competent evidence in any prosecution under a state law or city or village ordinance regarding the actual ph…
Neb. Rev. Stat. § 37-1254.06 Boating under influence of alcoholic liquor or drug; blood test; withdrawing requirements; damages; liability.
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(1) Any physician, registered nurse, other trained person employed by a licensed health care facility or health care service defined in the Health Care Facility Licensure Act, a clinical laboratory certified pursuant to the federal Clinical Laboratories Improvement Act of 1967, a…
Neb. Rev. Stat. § 37-1254.07 Boating under influence of alcoholic liquor or drug; violation of city or village ordinance; fee for test; court costs.
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Upon the conviction of any person for violation of section 37-1254.01 or for being in the actual physical control of a motorboat or personal watercraft under propulsion upon the waters of this state while under the influence of alcohol or of any drug in violation of any city or v…
Neb. Rev. Stat. § 37-1254.08 Boating under influence of alcoholic liquor or drug; test without preliminary breath test; when; qualified personnel.
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Any person arrested for any offense involving the actual physical control of a motorboat or personal watercraft under propulsion upon the waters of this state while under the influence of alcohol or drugs shall be required to submit to a chemical test or tests of his or her blood…
Neb. Rev. Stat. § 37-1254.09 Boating under influence of alcoholic liquor or drug; peace officer; preliminary breath test; refusal; violation; penalty.
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Any peace officer who has been duly authorized to make arrests for violations of laws of this state or ordinances of any city or village may require any person who has in his or her actual physical control a motorboat or personal watercraft under propulsion upon the waters of thi…
Neb. Rev. Stat. § 37-1254.10 Boating during court-ordered prohibition; violation; penalty.
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(1) It shall be unlawful for any person to be in the actual physical control of a motorboat or personal watercraft under propulsion upon the waters of this state during a period of court-ordered prohibition resulting from a conviction based upon a violation of section 37-1254.01 …
Neb. Rev. Stat. § 37-1254.11 Boating under influence of alcoholic liquor or drug; violation; sentencing; terms, defined; prior convictions; use; prosecutor; present evidence; convicted person; rights.
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(1) For purposes of sentencing under section 37-1254.12: (a) Prior conviction means a conviction for which a final judgment has been entered prior to the offense for which the sentence is being imposed as follows: (i) For a violation of section 37-1254.01: (A) Any conviction for …
Neb. Rev. Stat. § 37-1254.12 Boating under influence of alcoholic liquor or drug; penalties; probation or sentence suspension; court orders.
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Any person convicted of a violation of section 37-1254.01 or 37-1254.02 shall be punished as follows: (1) If such person has not had a prior conviction, such person shall be guilty of a Class II misdemeanor. Upon conviction the court shall, as part of the judgment of conviction, …
Neb. Rev. Stat. § 37-1255 Collisions, accidents, and casualties; operator of vessel; duties.
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It shall be the duty of the operator of a vessel involved in a collision, accident, or other casualty, so far as he can do so without serious danger to his own vessel, crew, and passengers, if any, to render to other persons affected by the collision, accident, or other casualty …
Neb. Rev. Stat. § 37-1256 Collision, accident, or other casualty; commission; Nebraska State Patrol; duties.
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(1) In the case of collision, accident, or other casualty involving a vessel, the operator thereof, if the collision, accident, or other casualty results in death, a missing person, or injury to a person or damage to property in excess of five hundred dollars, shall file with the…
Neb. Rev. Stat. § 37-1257 Transmittal of information; when.
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In accordance with any request duly made by an authorized official or agency of the United States, any information compiled or otherwise available to the commission pursuant to sections 37-1255 and 37-1256 shall be transmitted to such official or agency of the United States.
Neb. Rev. Stat. § 37-1258 Water skis, surfboard, or similar device; observation required.
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No person shall operate a vessel on any waters of this state for towing a person or persons on water skis, surfboard, or similar device unless there is in such vessel a person, in addition to the operator, in a position to observe the progress of the person or persons being towed…
Neb. Rev. Stat. § 37-1259 Water skis, aquaplane, or similar device; operation; time restrictions.
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No motorboat shall have in tow or shall otherwise be assisting a person on water skis, aquaplane, or a similar contrivance from the period of one-half hour after sunset to one-half hour prior to sunrise, except that this section shall not apply to motorboats used in duly authoriz…
Neb. Rev. Stat. § 37-1260 Water skis, aquaplane, or similar device; manner of operation.
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All motorboats having in tow or otherwise assisting a person on water skis, aquaplane, or similar contrivance, shall be operated in a careful and prudent manner and at a reasonable distance from persons and property so as not to endanger the life or property of any person.
Neb. Rev. Stat. § 37-1261 Water skis, aquaplane, or similar device; collision; operation to avoid.
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No person shall operate or manipulate any vessel, tow rope, or other device by which the direction or location of water skis, aquaplane, or similar device may be affected or controlled in such a way as to cause the water skis, aquaplane, or similar device, or any persons thereon …
Neb. Rev. Stat. § 37-1262 Races and exhibitions; commission authorization.
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The commission may authorize the holding of regattas, motorboat or other boat races, marine parades, tournaments, or exhibitions on any waters of this state. It shall adopt and may, from time to time, amend regulations concerning the safety of motorboats and other vessels and per…
Neb. Rev. Stat. § 37-1263 Races and exhibitions; application; when; contents.
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Whenever a regatta, motorboat or other boat race, marine parade, tournament, or exhibition is proposed to be held, the person in charge thereof shall, at least fifteen days prior thereto, file an application with the commission for permission to hold such regatta, motorboat or ot…
Neb. Rev. Stat. § 37-1264 Local regulation; extent permitted.
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The provisions of the State Boat Act and of other applicable laws of this state shall govern the operation, equipment, numbering, and all other matters relating thereto whenever any vessel shall be operated on the waters of this state or when any activity regulated by the act sha…
Neb. Rev. Stat. § 37-1265 Local regulation; special rules and regulations.
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Any subdivision of this state may at any time, but only after public notice, make formal application to the commission for special rules and regulations with reference to the operation of vessels on any waters within its territorial limits and shall set forth therein the reasons …
Neb. Rev. Stat. § 37-1266 Commission; special rules and regulations.
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The commission is hereby authorized to make special rules and regulations with reference to the operation of vessels, including waterskiing and other related activities, on any specific water or waters within the territorial limits of this state.
Neb. Rev. Stat. § 37-1267 Civil liability of owner; recovery limited to actual damages.
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The owner of a vessel shall be liable for any injury or damage occasioned by the negligent operation of such vessel, whether such negligence consists of a violation of the provisions of the statutes of this state or neglecting to observe such ordinary care and such operation as t…
Neb. Rev. Stat. § 37-1268 Commission; rules and regulations.
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The commission shall adopt and promulgate such rules and regulations as are necessary to carry out the State Boat Act. In adopting such rules and regulations, the commission shall be governed by the provisions of the Administrative Procedure Act.
Neb. Rev. Stat. § 37-1269 Conservation and peace officers; enforcement of act.
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Every conservation officer and peace officer of this state and its subdivisions shall have the duty and authority to enforce the State Boat Act and in the exercise thereof shall have the authority to stop and board any vessel subject to the act.
Neb. Rev. Stat. § 37-1270 Violations; general penalty.
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Any person who violates any provisions of the State Boat Act, or any provisions of the rules and regulations established by the commission pursuant thereto, for which a penalty is not otherwise provided, shall be guilty of a Class V misdemeanor for each such violation.
Neb. Rev. Stat. § 37-1271 Violations; penalty.
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Any person who violates any provision of sections 37-1241.02 to 37-1241.05, 37-1241.07, 37-1251, 37-1252, or 37-1258 to 37-1261 shall be guilty of a Class IV misdemeanor for each violation.
Neb. Rev. Stat. § 37-1272 Operation of vessel in violation of law; penalty.
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Any person who violates any provision of section 37-1254 shall be guilty of a Class II misdemeanor for each such violation.
Neb. Rev. Stat. § 37-1273 Fees; placed in State Game Fund; how used.
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All fees as provided by the State Boat Act shall be remitted to the State Treasurer for credit to the State Game Fund to be used primarily for (1) administration and enforcement of the State Boat Act, (2) boating safety educational programs, (3) the construction and maintenance o…
Neb. Rev. Stat. § 37-1274 Amphibious vehicle; registration; certificate of title; provisions not applicable.
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Sections 37-1211 to 37-1231 and 37-1275 to 37-12,108 shall not apply to an amphibious vehicle if a current and valid registration has been issued for such amphibious vehicle under the Motor Vehicle Registration Act.
Neb. Rev. Stat. § 37-1275 Manufacturer's or importer's certificate; required.
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No manufacturer, importer, dealer, or other person shall sell or otherwise dispose of a new motorboat to a dealer to be used by such dealer for purposes of display and resale without delivering to the dealer a duly executed manufacturer's or importer's certificate with assignment…
Neb. Rev. Stat. § 37-1276 Certificate of title; assignment required; exemption.
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(1) Except as provided in subsection (2) of this section or section 37-1275, (a) no person shall sell or otherwise dispose of a motorboat without delivering to the purchaser or transferee of the motorboat a certificate of title with an assignment on the certificate to show title …
Neb. Rev. Stat. § 37-1277 Acquisition of motorboat; requirements.
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(1) Except as provided in subsections (2) and (3) of this section, no person acquiring a motorboat from the owner thereof, whether the owner is a manufacturer, importer, dealer, or otherwise, shall acquire any right, title, claim, or interest in or to such motorboat until he or s…