Bill Text: IN SB0562 | 2013 | Regular Session | Introduced
Bill Title: Swimming during rip current warnings.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-01-14 - Senator Alting added as second author [SB0562 Detail]
Download: Indiana-2013-SB0562-Introduced.html
Citations Affected: IC 14-8-2; IC 14-15-14.
Synopsis: Swimming during rip current warnings. Requires a
governmental entity that owns or operates an access area to a beach on
Lake Michigan to post and maintain signs that: (1) advise that
swimming is not allowed when the National Weather Service has
issued a high risk rip current warning that is in effect for the beach; and
(2) include information explaining rip currents. Requires the natural
resources commission to adopt standards for the rip current warning
signs. Makes it an infraction (for which a monetary penalty may be
imposed) to swim or to allow certain individuals to swim when a rip
current warning is in effect. Provides an exception for a person who
uses a surfboard, kayak, sailboard, or windsurfing board and wears a
life jacket or wetsuit. Raises the level of the infraction committed in the
case of: (1) repeated violations; and (2) violations that result in severe
bodily injury or death.
Effective: July 1, 2013.
January 14, 2013, read first time and referred to Committee on Agriculture and Natural
Resources.
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A BILL FOR AN ACT to amend the Indiana Code concerning
natural and cultural resources.
(1) For purposes of IC 14-15-14, the meaning set forth in IC 14-15-14-3.
(2) For
JULY 1, 2013]:
Chapter 14. Beach Safety
Sec. 1. As used in this chapter, "beach" means a beach area that
is used by the public for recreational purposes.
Sec. 2. As used in this chapter, "endangered adult" means an
individual who is:
(1) at least eighteen (18) years of age; and
(2) incapable of providing or directing the provision of
self-care by reason of mental illness, mental retardation,
dementia, or other physical or mental incapacity.
Sec. 3. As used in this chapter, "governmental entity" means the
state, a county, a township, a city, or a town.
Sec. 4. A governmental entity that owns or operates an access
area to a beach on Lake Michigan shall post and maintain, in each
access area of the beach, a sign that meets the following
requirements:
(1) The sign must include the following language: "When the
National Weather Service has issued a high risk rip current
warning for this beach, swimming is prohibited under
IC 14-15-14. Violators are subject to penalties.".
(2) The sign must include information explaining rip currents.
(3) The sign and the information on the sign must conform to
standards adopted by the commission.
Sec. 5. (a) This section does not apply to an individual who is
using a surfboard, kayak, sailboard, or windsurfing board while
wearing a:
(1) Type I life jacket approved by the United States Coast
Guard; or
(2) full body neoprene wetsuit that covers the torso, the arms
to the wrist, and the legs to the ankles.
(b) Except as provided in subsection (c), an individual who
swims in Lake Michigan along a beach when a high risk rip
current warning issued by the National Weather Service is in effect
for the beach commits a Class C infraction.
(c) A violation described in subsection (b) is a Class B infraction
if the individual has been adjudged to have committed a prior
unrelated infraction under subsection (b).
(d) Except as provided in subsection (e), an individual:
(1) who is the parent or supervising adult of an individual
who:
(A) is less than eighteen (18) years of age and is not
emancipated;
(B) is an endangered adult; or
(C) has a developmental disability (as defined by
IC 12-7-2-61); and
(2) who, while the individual described in subdivision (1) is in
the parent's or supervising adult's care and control,
knowingly or intentionally allows the individual described in
subdivision (1) to swim in Lake Michigan along a beach when
a high risk rip current warning issued by the National
Weather Service is in effect for the beach commits a Class B
infraction.
(e) A violation described in subsection (d) is a Class A infraction
if:
(1) the individual has been adjudged to have committed a
prior unrelated infraction under subsection (d); or
(2) the commission of the infraction results in serious bodily
injury (as defined in IC 35-31.5-2-292) or death.
