(1) All divers shall prominently display a divers-down flag in the area in which they are diving when diving in an area other than one customarily used for swimming only.
(2) Divers shall not display a divers-down flag any longer than thirty (30) minutes before and after the dive.
(3) Divers shall surface within fifty feet (50') of the divers-down flag.
(4) When diving after dusk, divers shall illuminate the divers-down flag to make it visible from at least three hundred feet (300').
(5) No one shall use a divers-down flag to stop, limit, or otherwise affect the flow of water traffic.
(6) Violations of this section shall be punished as follows: First offense, a fine of not less than twenty-five dollars ($25.00);
(7) Second offense, a fine of not less than fifty dollars ($50.00); and
(8) Third offense, a fine of not less than two hundred fifty dollars ($250) and up to six (6) months imprisonment.