Re: [Paddlewise] Jetskier to jail!

In a message dated 6/12/01 9:34:24 AM Pacific Daylight Time, boydwe_at_dmci.net 
writes:

> 
>  We did identify the jetski and its rider, and reported it to the
>  authorities. The jetskier, Benjamin Zeitz, 19, of Indianapolis, IN, was
>  later arrested on three counts of criminal recklessness, and went to court
>  in Steuben County, IN, yesterday. He pled guilty and was sentenced 


Wes,

Glad to hear that the local authorities took this seriously and hope the 
message spreads.  Congratulations and thanks for pursuing this.

In a similar incident, I recently had a run-in with a power boater here in 
Orange County, CA and learned a few things that might help others if they are 
similarly harassed.

I was south of the mouth of Newport Beach Harbor, leading a group of 12 down 
the coast during a Sea Legs class when a power boater pulling two wake 
boarders passed by us with maybe 60 feet of clearance.  The wake boarders 
were laughing and egging the driver to get closer so they could spray us, and 
they came much closer than the boat.  Not so close to my part of the group as 
to really scare me, but plenty close enough to make me angry.

I started to reach for my VHF, but the boat continued down the coast and I 
thought we were done with them, so I decided to forgive them one stupid act.  
A bit later they passed us going back northward at a greater distance, but 
then they circled around and made another close pass.  That was enough.  I 
radioed Newport Harbor Patrol and reported them, then I had to go off radio 
watch as we were getting ready to land through the surf and I needed to put 
my radio away.

It was only later that my assistant instructor told me that the wake boarders 
had come within 3 to 5 feet of one of our students during the first pass.  
This had occurred on the other side of the group where I had no perspective 
or clear sight, so I'd had no idea of how close they really had come.  Upon 
hearing that, I was really disappointed that I hadn't gotten the word and 
reported them the first pass.

A couple days later I stopped in at the Harbor Patrol/Sheriffs Office and 
inquired about the incident.  They found the report and told me that a boat 
had responded and that the Patrol Officers had spent 15 minutes with the 
offenders, but that no citation was issued because the Officers had not 
witnessed the action.  The Watch Commander also told me that the worst they 
would or could have cited them for was for breaking a boating ordinance such 
as operating too close.  I asked whether the offenders could be filed against 
for assault or anything else by going to the County Prosecutor, but the WC 
made it sound like that would be a dead issue.  

Upon pressing the WC further, I did learn that if we had been present when 
the officers stopped the boat, I could have issued a citation against them by 
having the Officer write up the citation and then cosigning it as the 
complainant.  This would have required that I go to court to testify, but I 
would have been willing to do that to send a message to these guys.  Next 
time I'll know better.

Different areas will have different laws or at least different 
interpretations, and it seems that you always have to press the authorities 
before they will tell you what you can or must do in order to make the system 
work for you.  But if you're in So Cal and anything like this happens, tell 
the radio operator when you report the offense that you want to be contacted 
on Ch 16 when the offenders are stopped so that you can sign a citation 
against them.  Then stay on radio watch and hope for the best.

BTW, I don't mean to sound like I'm down on the NB Harbor Patrol.  In fact, 
I've always found them to be very professional, very courteous and very 
dedicated to maintaining a safe boating environment on our local waters. 


Happy and safe paddling,

Harold  

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