KRS 235.203: Flotation device for child under twelve on moving boat -- Exceptions.

(1) All persons under twelve (12) years of age in an open boat or on an open deck of a

vessel being used for recreational purposes on the waters of this state shall wear a

personal flotation device approved by the United States Coast Guard while the

vessel is underway. Any personal flotation devices required by this section shall be

in good and serviceable condition, appropriately sized, and properly worn by the

person. It shall be unlawful for any person to operate a vessel in violation of this

subsection.

(2) No boat or watercraft owner or operator shall permit a child under the age of twelve

(12) years to violate subsection (1) of this section.

(3) The provisions of this section shall not apply to a child who is a passenger on a

commercial vessel licensed by the United States Coast Guard for the transportation

of passengers for hire or to a toll ferry operating pursuant to a certificate of

convenience and necessity or a perpetual and irrevocable franchise operating

pursuant to KRS 280.010 to 280.110.

(4) A cha rge under subsection (1) or (2) of this section shall be dismissed if the

defendant provides to the county attorney or the court proof that the person who was

alleged to be under twelve (12) years of age was actually twelve (12) years of age or

older. If the information is provided to the county attorney and the county attorney

deems the proof sufficient, the county attorney shall seek dismissal of the charge

and the defendant shall not be required to appear in court. If the information is

presented in cour t and the court deems the proof sufficient, the court shall dismiss

the charge. In either case, court costs shall not be assessed.