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HomeMy WebLinkAbout05 90 NOTICE OF PUBLIC HEARING PROPOSED ORDINANCE ESTABLISHING BOATING REGULATIONS AND A BOATING SAFETY PROGRAM NOTICE IS HEREBY GIVEN that the Jefferson County Board of Commissioners will conduct a public hearing at the hour of 3:00 p.m. on Tuesday, September 4, 1990, in the Commissioners' Chambers, Jefferson County Courthouse, Port Townsend, Washington, for the purpose of obtaining comments from all interested persons on the proposed Ordinance establishing boating regulations and a boating safety program. The proposed ordinance is as follows: Hearing Notice signed this 13th day of August , 1990. JEFFERSON COUNTY BOARD OF COMMISSIONERS w Chairman ORDINANCE NO.--~'--?0 AN ORDINANCE ESTABLISHING BOATING REGULATIONS BOATING SAFETY PROGRAM WHEREAS, the safe operation of watercraft on the navigable waters of Jefferson County is in the best interests of the citizens, and WHEREAS, the regulation of the watercraft and other water related activities is in the best interests of the public, NOW, THEREFORE, BE IT ORDAINED BY THE JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS: Section 1. Intention of Ordinance. It is the policy of Jefferson County to promote safety and enjoyment of persons using the waters of this county. This ordinance is intended to supple- ment but not infringe upon the boating safety laws and regulations of the State of Washington and the United States. Section 2. Definitions. The words listed below as used in this ordinance mean as follows: (1) "Waters" means all navigable waters, salt and fresh, in Jefferson County. (2) "Motorboat" means any vessel propelled in any respect by machinery and/or any vessel air/water jet. (3) "Person" means any natural person, partnership, association, or corporation. Jefferson County Ordinance No. 5-90; Boating Regulations (4) "Operator" means the person who is in control of a vessel. (5) "Vessel" means any contrivance used, or capable of being used, or designed for navigation or as a means of transportation on water. (6) "Restricted area" means an area that has been designated to be used for, or closed to, certain purposes such as swimming, underwater diving and competitions or exhibitions. (7) "Swimming" means floating on an air mattress, inner tube or other similar inflatable devise (not including inflatable rafts) as well as propelling or floating oneself in the water. (8) "Diving" means the activity of submerging in water while equipped with snorkeling, hard hat, or scuba diving equipment. (9) "Water skier" means a person in tow from a vessel riding on water skis, aquaplane, surfboard, or other similar device. (10) "Personal flotation device" means U. S. Coast Guard approved life preservers, buoyant vests, special purpose water safety devices, buoyant cushions, ring buoys, and work vests. (11) "Authorized emergency vessel" means those vessels of a county or municipal police or fire depart- ment, the United States Government and the State of Washington, equipped with blue warning lights and siren. (12) "Personal watercraft" means those vessels less than 16 feet in length which use a motor powering a jet pump and which are designed to be operated by a person sitting, standing or kneeling on, or being towed behind the vessel, rather than the conventional manner of sitting or standing inside the vessel. Section 3. Numbering Required. Ail vessels used on the waters of this county shall be numbered or designated in accor- dance with any applicable United States or Washington State law as now or hereafter amended. Section 4. Equipment. A vessel shall carry and use in the manner prescribed that equipment, including personal flota- tion devices, visual distress signals, means of ventilation, navigation lights, fire extinguishing equipment, and backfire flame control devices required for such vessel by Chapter 352- 60, Washington Administrative Code, as now or hereafter amended. Section 5. Whistles and Lights. Except when necessary as a warning or in an emergency it shall be unlawful for any person to blow or sound a whistle or horn of any vessel, or shine a search light or other bright light onto any houseboat or other residence, or onto the bridge or into the pilothouse or any other area of any vessel under way in a manner likely to reduce the vision of the operator. Section 6. Negligent Operations. It shall be unlawful for any person to operate a vessel in a negligent manner. For the purpose of this section, to "operate in a negligent manner" 2 Jefferson County Ordinance No. 5-90; Boating Regulations shall be construed to mean the operation of a vessel in such a manner as to endanger or be likely to endanger any person or property. Negligent Operation is a misdemeanor punishable by a fine of not more than one Thousand ($1,000.00) or by imprisonment in the County jail for a period not to exceed ninety (90) days, or by both such fine and imprisonment. In addition the court may order the defendant to pay restitution for any damages or in- juries resulting from the offense. Section 7. Reckless Operation. It shall be unlawful for any person to operate a vessel in a reckless manner. For the purpose of this section, to "operate in a reckless manner" shall be construed to mean the operation of a vessel in a wilful or wanton disregard for the safety of persons or property. Reckless operation is a gross misdemeanor punishable by a fine of not more than five thousand dollars ($5,000.00) or by imprisonment in the County jail for a period not to exceed 365 days, or by both such fine and imprisonment. In addition the court may order the defendant to pay restitution for any damages or injuries result- ing from the offense. Section 8. Operation While Under the Influence of Alcohol and/or drugs. It shall be unlawful for any person to operate a vessel while under the influence of alcohol and/or drugs. ae A person is guilty of operating a vessel while under the influence of alcohol or any drug if the person operates a vessel while: (1) The person has 0.10 grams or more of alcohol per two hundred ten liters of breath; as shown by analysis of the person's breath in the same ~anner as provided in RCW 46.61.506; or (2) The person has 0.10 percent or more by weight of alcohol in the person's blood as shown by analysis of the person's blood in the same manner as provided in RCW 46.61.506; or (3) The person is under the influence of or affected by intoxicating liquor or any drug; or (4) The person is under the combined influence of or affected by intoxicating liquor and any drug. Be The fact that any person charged with a violation of the section is or has been entitled to use such drug under the laws of this state shall not constitute a defense against any charge for violating this section. Ce Ail tests for alcohol or drug of any person's blood or breath shall be subject to the provisions of RCW 46.61.506. An arresting officer shall administer field sobriety tests when circumstances permit. De The penalty for operating a vessel under the influence of alcohol and/or drug shall be as prescribed by RCW 88.02.095, as now or hereafter amended. Section 9. Incapacity of Operator. It shall be unlawful for any person who owns or is in control of any vessel to authorize or knowingly permit the same to be operated by any person who by reason of physical or mental disability, incapacity or immaturity is incapable of operating such vessel under the prevailing circumstances, including the type, size and motive power of the vessel, and the weather and water conditions. Jefferson County Ordinance No. 5-90; Boating Regulations Section 10. Underage Operator. It shall be unlawful for any minor under the age of sixteen (16) years to operate or be permitted, by the owner or person having charge of a motor- boat, to operate a motorboat powered by a motor of ten (10) horsepower or more unless accompanied by a person who is over the age of eighteen (18). Provided that supervision by an adult is not required of a minor under 16 who has completed the U.S. Coast Guard Auxiliary Basic Boating Safety Course, Power Squadron's Boating course or other recognized boating safety course, and has received a certificate therefore. Section 11. Speed Limit. Except as permitted in Section 22, it shall be unlawful for any person to operate a vessel at a speed sufficient to create a wake or in excess of seven (7) nautical miles per hour, whichever is less, within one hundred and fifty feet (150') of any shoreline, pier, breakwater or restricted area. However, in instances where steerage may be lost due to high winds or excessive currents, a vessel may exceed seven (7) knots to such speed as may be sufficient for safe operation of the vessel, leaving the least wake possible. Section 12. Interference with Naviqation. It shall be unlawful to operate a vessel in a manner which unreasonably or unnecessarily interferes with the operation of another vessel or the launching of any vessel at any public boat launching ramp. Anchoring, mooring or the placing of buoys, or other marking devices under a bridge or in a channel or in an approach to a public boat launching ramp shall constitute interference with navigation. Section 13. Moorinq at Private Docks Without Permis- sion. It shall be unlawful to moor a vessel to a private seawall or pier unless licensed, invited or otherwise privileged to do so or beach a vessel upon private property if notice against tres- pass is personally communicated to the owner or operator of the vessel by the owner of the private beach or some other authorized person, or if notice is given by posting in a conspicuous manner. Section 14. Exemption to Authorized Emergency Vessels, The provisions of this chapter shall be applicable to the opera- tion of any and all vessels in the waters of Jefferson County except that they shall not apply to any authorized emergency vessel responding to an emergency or in pursuit of an actual suspected violator of the law or to a vessel in distress. Section 15. Yieldinq Riqht-of-Wa¥ to Authorized Emergency Vessels. It shall be the duty of the operator of a vessel to yield the right-of-way by reducing speed and, if necessary, stopping his vessel upon the approach of an emergency vessel displaying, a warning light and/or sounding a siren. Failure to so yield shall be unlawful. Section 16. Boating Accident and Casualty Reports. The operator of any boat involved in an accident resulting in injury or death to any person or in damage to property shall immediately stop such boat at the scene of such accident and shall give his name, address, full identification of his boat and the name and address of the owner to the operator or occupants of the boat collided with or the person struck, and shall render to any person injured in such accident reasonable assistance and shall report such accident to the nearest and most convenient law enforcement agency or office. The operator of any vessel shall complete the state required boating accident report (BAR) as required and in the manner provided hy Chapter 352-70, Washington Administrative Code and Title 46 USC, as now or hereafter amend- ed. Reports may be obtained from the Sheriff's Department. Jefferson County Ordinance No. 5-90; Boating Regulations Section 17. Obedience to Peace Officers. It shall be unlawful for any person to wilfully fail or refuse to comply with the direction of a law enforcement officer, who is at the time discharging the duty of regulating and directing waterborne traffic. Section 18. Refusal to Stop. It shall be unlawful for any person, while operating or in charge of a vessel, to refuse or neglect to stop when signaled to stop by any law enforcement officer. Section 19. Restricted Areas. The Board of Jefferson County Commissioners may designate certain restricted areas for a specific purpose or activity. It shall be unlawful to operate a vessel within a restricted area; provided, that this section shall not apply to vessels engaging in or accompanying the activity to which the area is restricted. Section 20. Swimmers. Boats shall not pass within one hundred feet (100') of shoreline areas where persons are swimm- ing; Provided, that water skiers shall be allowed to start and stop from shore. All boats shall reduce speed to a minimum when docking or landing. All swimmers more than one hundred feet (100') from shore shall be accompanied by a boat. Section 21. Diving. A red flag with a white diagonal running from the upper left hand corner (from mast head to lower outside corner) and known as the "diver's flag" or the Interna- tional Code Flag A (or Alpha) shall be displayed on the water by any person engaged in diving to indicate the presence of a diver submerged in the immediate area. Operators of boats will ex- ercise caution when such a flag is displayed and will not come within Three hundred feet (300') of such a flag. (1) Section 22. Water Skiing. Except on safe take-offs and landings, boats with skiers under tow must keep 200 feet or more from shore, A take- off or landing will not be considered safe unless it can be accomplished without risk to any swimmers or other boats. Skiers must be picked up by the boat before passing the 200- foot-from-shore line. When safe, the skier, but not the boat, may ski inside the 200-foot-from-shore line, but not nearer than 100 feet from shore, except when skier is in the process of landing or taking off. (2) If a skier falls when more than fifty (50) feet from shore or from a float, the towing boat must display a red or brilliant orange "skier down" flag and shall return at once to the downed skier giving due regard to the safety of any other skiers it may be towing. (3) No boat shall follow behind a skier closer than 300 feet, nor cross the towing boat's bow by less than 200 feet, nor pass alongside a skier closer than 100 feet. (4) Any boat towing a skier must be manned by a competent observer or ski tender in addition to the operator, or be equipped with a wide-angle rear view mirror. (5) Water skiing shall be confined to daylight hours, stopping no later than one hour after sunset until no sooner than one hour before sunrise. Section 23. Personal Watercraft. The operator of a personal watercraft shall be at least 14 years of age; HOWEVER, it shall be unlawful for a person to lease hire or rent a per- sonal watercraft to any person who is under 16 years of age. 5 Jefferson County Ordinance No. 5-90; Boating Regulations (l) Personal watercraft may not be operated during the period from sunset until sunrise. (2) Ail personal watercraft must be equipped with an adequate muffler. It shall be unlawful to tamper with or bypass the muffler. Section 24. Personal Flotation Devices to be Worn. Any person operating or riding a sail board, wind surfer, water scooter, motorized surf board, or personal watercraft must wear at all times a personal flotation device that is approved by the United States Coast Guard. Section 25. Dumping Debris. It shall be unlawful for any person to dump or throw any oil, tires, garbage, ashes, debris, gravel, earth, rock, stone, trees, logs, roots, snags, stumps, brush, piles, lumber, containers, wood or metal scrap or other waste or refuse in or upon navigable water or upon the tidelands thereof. Section 26. Overloadinq and Overpowering. It shall be unlawful for any person to knowingly load or power a vessel beyond the maximum capacity specified by the manufacturer for such vessel. Section 27. Special Rules - Jefferson County Lakes. For the purposes of this section the definition of the word vessel shall include seaplanes (s) It shall be unlawful to operate any vessel on the waters of any lake in Jefferson County at a rate of speed greater than ten (10) miles per hour. (2) Any person violating this Section shall be guilty of a misdemeanor and may be punished by a fine of up to Two Hundred Fifty Dollars ($250.00) and/or ninety (90) days in the County ja~l. Section 28. Examination of Equipment. No person shall, while operating or in charge of a vessel, refuse to permit a law enforcement officer to make an examination of any equipment of such vessel. Section 29. Penalties. Any violation of this boating ordinance is an infraction punishable by a maximum penalty and default of $1,000.00, unless a more specific penalty is listed. Section 30. Repeal of Prior Ordinances. Jefferson County Ordinance 3-75, and any former ordinances or amendments or provisions thereof conflicting or inconsistent with the provi- sions of this chapter, are hereby repealed, provided that the prosecution for any violation of Ordinance 3-75 occurring prior to the effective date of this chapter shall not be affected or abated. Jefferson County Ordinance No. 5-90; Boating Regulations Section 31. Severability. If any section, subsection, sentence, clause or phrase in this ordinance or its application to any person or circumstances is held invalid, the remainder of this ordinance or the application to other persons or circumstan- ces shall not be affected. Section 32. Effective date. effective upon passage. This ordinance shall be Lorna L. Delaney, Clerk of the Board 4th day of September , 1990. JEFFERSON COUNTY BOARD OF COMMISSIONERS George ~own, Ch~m B. G. Brown, Member ~B~rry~e~nison, Member 7