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Changing the Open Container Law on a Vessel

Grew up boating on the Great Lakes. I've never heard of this, and definitely have never seen anyone do anything like this. There would be strong peer pressure applied to anyone that intentionally tossed any type of trash into Lake Michigan - should anyone see it. Impossible to know what people do when they are a mile or more away from shore and any other boater (such spacing happens ALL the time, the Lakes are that big), but I fully expect that nearly all Great Lakes boaters are quite protective of the Lakes and would not accept intentional littering like this.
 
Been boating on Cumberland (KY) for almost 20 years and never seen the “drink and sink” rule in practice. (I have heard it though.) We keep a trash bag for empties and all trash on the boat and toss it out at the marina at the end of the day. I accidentally dropped an Ale8 cap once which sank immediately and felt bad all day. Couldn’t imagine regularly trashing in the lake. Love it too much to junk it up. We don’t act a fool and have never had an issue with any law enforcement. Knock on wood. :-)
 
Heck we see trash floating we stop, turn around and pick it up lol. We always carry a trash bag for our cans and lunch baggies and then throw it away either at the marina, dock or when we get home.
 
I have this idea and am wondering if it has any merit. I assume we’re all aware of the drink and sink rule with beer cans on the water. This of course is so there are no open containers on the boat. However, this goes against everything we stand for in terms of conservation, pollution, etc.

Is there any merit in actually trying to change the open container law on a vessel in an effort to preserve the waters? Perhaps allowing for open containers but not while driving? Allowing for empty containers found in a garbage bag or cooler?I know some will say there shouldn’t be drinking on a boat, period. I get that, but that’s not the reality. I would be interested in heading up this effort but wanted to get some feedback first to see if it is even worth it. Thanks for considering!

Not necessary here in Florida....open containers are allowed, even for the operator. The operator just can't be intoxicated.
 
It’s an unspoken rule amongst drinkers in the water to sink your cans after drinking.
I'm Stunned. Makes me wonder what the bottom of KY lakes must look like! Are you kidding me?
 
Same same in WI, operator may not be under the influence, and having a beer at the helm is a guaranteed check if you run across Johnny Law on the water.

I've floated right by the local sheriff with 5 of 7 on my boat with open beers and not been stopped, so I'm comfortable with my belief that open containers on the boat are fine in my state
 
I'm Stunned. Makes me wonder what the bottom of KY lakes must look like! Are you kidding me?
I’m sorry to say I’m not kidding. At one of the State Parks, it’s not unusual to have the police checking your boats and coolers as you trailer out.
 
I'm Stunned. Makes me wonder what the bottom of KY lakes must look like! Are you kidding me?

As a PROUD Kentuckian and long time slip holder on Lake Cumberland , I can assure you that no one on any vessel I have captained or been a passenger on has engaged in this lazy / selfish practice ! My wife will open a tall kitchen trash bag and attach to arm of her passenger chair when we first board the boat. ALL trash must go in that bag. Empty aluminum cans are not even permitted in cup holders on board. OCD ? , maybe but can honestly say that sinking a can has never crossed my mind. And I think more residents are like us than the irresponsibly minority.
 
I’m sorry to say I’m not kidding. At one of the State Parks, it’s not unusual to have the police checking your boats and coolers as you trailer out.
Wow....this is the sort of thing that I'd get pissed enough about to take to court. How could they prove empty cans they find on your boat were consumed on the water? Someone must have challenged this already. In a red state that believes in personal freedom no less! I'd expect this from CA! (but the environmentalists in CA would balk at the sid effects!)
 
That's why I am considering trying to change the law. As others have said, the enforcement is not out of control. They usually look the other way. But changing the law can possibly eliminate this practice.

Is it legal to consume alcohol on the water if you don’t get drunk?

Not on Kentucky waterways. Kentucky law prohibits alcohol consumption in any public place, and the state’s waterways are considered public places.
 
That's why I am considering trying to change the law. As others have said, the enforcement is not out of control. They usually look the other way. But changing the law can possibly eliminate this practice.

Is it legal to consume alcohol on the water if you don’t get drunk?

Not on Kentucky waterways. Kentucky law prohibits alcohol consumption in any public place, and the state’s waterways are considered public places.
So every house boat, large cruiser etc in KY is probably operating illegally?
 
I’m going to do some brief digging into other state’s laws and maybe create a case. I like what Florida is doing for example.
 
Wow....this is the sort of thing that I'd get pissed enough about to take to court. How could they prove empty cans they find on your boat were consumed on the water? Someone must have challenged this already. In a red state that believes in personal freedom no less! I'd expect this from CA! (but the environmentalists in CA would balk at the sid effects!)

Been on the water in KY for decades. I've only ever seen a cooler searched a few times. Typically it's a Conservation Officer looking for people keeping over their limit on fish, not so much for the alcohol side of things. Although I have seen a cooler opened when the CO didn't believe the guy that he wasn't drinking. That didn't go well with a field sobriety test following closely on the cooler check. Keep in mind the CO's in KY have more power than the state troopers. As much as we don't like illegal search and seizure, we protect our wildlife a little more vigorously. Those laws and powers are put in place to address poachers, but travel with the CO to water patrols.

I can say that being on the water here, is, well, odd. As compared to other places I've been on the water (TN, IN, AZ). In those places you don't try to "hide" anything, you just go about your business and don't act stupid. In KY, especially in the lakes closest to the Louisville area (Rough River, Nolin, Taylorsville, Ohio River, Barren, and Green) there is an active "Oh crap it's the cops, hide your beer" mentality. I have never completely understood that to be honest. Every single CO, State Trooper, and Coast Guard officer I've met and talked to has been exceptionally kind, VERY open to conversation, and very open about discussing what is and isn't legal. They have also always shown a VERY prominent lean towards safety over rule following.

On Lake Cumberland for the Poker Run in 2016, we were on a 24ft Axis wake boat in a small cove, after running from a Thunderstorm. 6 adult men on board, and the Coast Guard appears from nowhere. 5/6 of us were significantly drunk. Our DD hadn't touched a drop, and was sitting in the boat with another, while the other 4 of us were floating with drinks in hand. They boarded the boat, searched it for safety equipment, and wrote us a report of what they found. Said to keep the report on hand for future boardings so we didn't have to search everything again, then wished us a safe day and went on about thier business.

I've also watched Louisville Metro Police do great at policing the "bad apples" out of a group of boaters. Anchored in front of Downtown Louisville for 4th of July back in 2008. There was a TINY pontoon that showed up, I mean it was like 16ft long, it was a tiny little thing. 8 or 10 20-something guys on it, and they were having a good time. You could tell there was a LOT of drinking going on though. The police left them alone until after the 3rd attempt at anchoring, in current, amongst 20-ish other boats failed and they bumped thier way through the line of us. As they were pulling in the anchor for another attempt, one guy fell overboard. They quickly fished him out and were having a good laugh when LMPD shows up, takes 3-4 of them off in cuffs, and tells the 1 sober one to "Go home now", and escorted them back to the ramp. The rest of the boats had some obvious drinking, but again, we weren't acting like a bunch of idiots, so they didn't say a word to us, and let us have our evening in peace.

This kind of "common sense" approach to policing of overly tight rules and regulations is what makes the system work IMO. The rules are there, so there is a VERY clear cut line that can be used to determine if you've crossed it or not. We trust the officers to not over enforce, and they trust us to be sensible and safe. That's the more important "unwritten rule" of the water. In the recent years I've been spending more time on IN lakes than KY lakes. On Patoka at least, the CO's are equally as patient and considerate. They'll stop you for out right breaking the law, and if they see something unsafe they'll stop you, ask you to correct it, then let you go with a "be safe out there" before writing a ticket. Watched just this past holiday weekend as they stopped a pontoon boat on the way into the fuel dock. They had a few underage kids without vests on (12+ are allowed without a vest). They made the kids vest up, educated the owner a bit, and sent him on his way.

The drink it and sink it mentality is an old one that still persists. KY has NOT been on the leading edge of environmental protection, ever. One of the worst EPA "supersites" is just south of Louisville in Shepherdsville; toxic waste that will be centuries to clean up. It sucks, but it's where we're at currently. That mentality is decreasing, but it still exists in a number of places. The best we can do it to educate our kids, and others around us, and work as best we can to stop it. I'm unsure if it will ever completely go away, but for the time being I can say it's honestly getting better. I've never done it. My boys will never do it. My grandfather still does it, regardless of what I try to convince him of otherwise. My uncles still do it, but I'm making some inroads there, Usually I can catch them before they let go, and they'll empty it and toss it in the trash instead of the bottom of the waterway.
 
here in nj its the same as other mentioned. there can be opened containers in the trash an passengers can be drinking but not the captain. driving a boat and drinking is excatly the same as if you were in a car. you will get a dui and it also reflects on your auto drivers license. get caught and its court, your auto ins goes through the roof, thousands of dollars in fees and surcharges. if the marine police feel the guy at the helm is intoxicated then out comes the breathalyzer.
 
On boats without a tower, that serves as a spot that the anchor light pole goes. On boats with a tower, it's just the empty fill in. I'm thinking about mounting a browning 30 cal machine gun to mine.
It’s an unspoken rule amongst drinkers in the water to sink your cans after drinking.
Unwritten rule on my boat.... empty beer or drink cans go in the designated trash bag on the boat!
 
At least you can drink in the USA.

Here in Canada (Ontario) we can't legally drink on our boats unless it's a cruiser or similar with both a cooking facility and a built-in toilet with pump out, and the boat must not be in operation - anchored/moored or at a dock only. We can't even legally have porta-potties on our boats either. So technically we can only boat for a couple hours and have to return to the docks to use washrooms if needed. We can't have any kind of open liquor on board either, sealed containers only. So even if you were boating to a friend's dock, you can't have anything open on the boat, which means no empties either, you have to leave them behind. We also can't drink on land unless on private property or licensed establishments, which means you can't cross the street to your neighbours house with an open container. And most campgrounds you can only drink on your campsite, nowhere else. No drinking in public day-use parks either.

The rules here make it difficult to have casual fun, and we see many more alcohol-related issues here in Canada because of these excessively tight restrictions.
 
At least you can drink in the USA.

Here in Canada (Ontario) we can't legally drink on our boats unless it's a cruiser or similar with both a cooking facility and a built-in toilet with pump out, and the boat must not be in operation - anchored/moored or at a dock only. We can't even legally have porta-potties on our boats either. So technically we can only boat for a couple hours and have to return to the docks to use washrooms if needed. We can't have any kind of open liquor on board either, sealed containers only. So even if you were boating to a friend's dock, you can't have anything open on the boat, which means no empties either, you have to leave them behind. We also can't drink on land unless on private property or licensed establishments, which means you can't cross the street to your neighbours house with an open container. And most campgrounds you can only drink on your campsite, nowhere else. No drinking in public day-use parks either.

The rules here make it difficult to have casual fun, and we see many more alcohol-related issues here in Canada because of these excessively tight restrictions.
Damn! They don't mess around in Canada. Ha! If you are ever in Louisville, let me know and I would like to show you the town. They put bourbon in baby bottles here.
 
Damn! They don't mess around in Canada.
The government claims the rules are there to protect us, however people here are dying left and right from alcohol poisoning and accidents due to excessive intoxication. Since you can't drink anywhere casually, people go out to bars or parties or docks and pound back the drinks quickly, causing fights and hostility. Then the alcohol hits them on the way home and boom, they die in an accident. If the rules were more relaxed, I think we'd have a lot less problems. We travel to the USA often and don't see these issues with such frequency. Sure there are some issues and accidents in the USA, but here we can't take a beer to the pool or hottub when staying at a hotel. We can't watch a parade, or picnic at a federal/provincial park, or walk around an entertainment or waterpark, or go anywhere else with a beer. In response, people sneak drinks and pound them where it should be ok to relax but the rules make it illegal, and we have nothing but problems everywhere.

Stats don't lie, in Canada we have 3x as many daily and yearly deaths compared to the USA. The USA population is 10x bigger but we have 33% of the number of issues - that's 3x higher than it should be by population. I blame the excessively tight restrictions.

Good thing we're not heavy drinkers in my family...
 
The government claims the rules are there to protect us, however people here are dying left and right from alcohol poisoning and accidents due to excessive intoxication. Since you can't drink anywhere casually, people go out to bars or parties or docks and pound back the drinks quickly, causing fights and hostility. Then the alcohol hits them on the way home and boom, they die in an accident. If the rules were more relaxed, I think we'd have a lot less problems. We travel to the USA often and don't see these issues with such frequency. Sure there are some issues and accidents in the USA, but here we can't take a beer to the pool or hottub when staying at a hotel. We can't watch a parade, or picnic at a federal/provincial park, or walk around an entertainment or waterpark, or go anywhere else with a beer. In response, people sneak drinks and pound them where it should be ok to relax but the rules make it illegal, and we have nothing but problems everywhere.

Stats don't lie, in Canada we have 3x as many daily and yearly deaths compared to the USA. The USA population is 10x bigger but we have 33% of the number of issues - that's 3x higher than it should be by population. I blame the excessively tight restrictions.

Good thing we're not heavy drinkers in my family...
In a way, this supports my point. If our laws (apparently only in KY) were relaxed, the drink and sink rule may go away.
 
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