Chapter 7.20 BOATING REGULATIONS

It is the policy of Chelan County to promote safety and enjoyment of persons using the waters of this county. This chapter is intended to supplement, but not infringe upon, the Boating Safety Laws and Regulations of the state of Washington and the United States. (Res. 79-120 § 1, 9/11/79).

7.20.030 Definitions.

As used in this chapter:

(1) “Aquatic plants” means all marine-based vegetation, whether live or dead, including but not limited to lilies, pond weeds, and milfoil.

(2) “Emergent vegetation” means all aquatic plants that are not more than three feet below the water surface, and all aquatic plants that in any manner extend or project above the water surface, or in any manner breach the water surface.

(3) “Motorboat” means any vessel which is propelled by mechanical means (not to include wind power or human power). This term also includes personal watercraft and vessels equipped with detachable motors. Vessels propelled by electric motors are excluded.

(4) “Person” means any natural person, partnership, association or corporation.

(5) “Personal watercraft” means a vessel of less than sixteen feet in length that uses a motor as its primary source of power and is designed to be operated by a person sitting, standing or kneeling on, or being towed behind, a vessel, rather than in the conventional manner of sitting or standing inside the vessel.

(6) “Sheriff” means the sheriff of Chelan County or any duly appointed deputy sheriff or reserve deputy of Chelan County.

(7) “Shoreline” means any existing water line.

(8) “Slow minimal wake speed” means very slow speed producing a minimum wake not to exceed six inches in height at its apex when reaching a shoreline, pier, or shore installation and further not to exceed eight miles per hour in any event.

(9) “Vessel” includes every description of watercraft on the water, other than a seaplane, used or capable of being used as a means of transportation on the water. This definition shall include, but is not limited to, the following: motorboats, sailboats, rowboats, rafts, personal watercraft, water skis, surf boards, aquaplanes, canoes, kayaks, barges, trawlers. However, the term vessel does not include inner tubes, air mattresses, sailboards, life jackets, or toys and flotation devices customarily used as a swimming aid or by swimmers.

(10) “Waters” includes any lake, river, and all other waters within Chelan County. (Res. 2010-47 (part), 5/17/10; Res. 2001-79, 5/24/01: Res. 79-120 § 3, 9/11/79).

7.20.040 Compliance with United States Coast Guard Regulations and Rules.

It is unlawful in Chelan County to operate or offer for rent any vessel which is in violation of the following United States Coast Guard Regulations and Rules, copies of which are on file with the Chelan County auditor and with each city clerk in Chelan County:

(1) Numbering, 33 Code of Federal Regulations (hereinafter CFR) 173.11-35;

(2) Equipment Requirements, 33 CFR 175;

(3) Safe Loading, 33 CFR 183.31-43;

(4) Safe Powering, 33 CFR 183.51-67;

(5) Navigation Lights and Shapes, Whistles, Fog Horns, Fog Bells, and Gongs, 46 CFR 25.05;

(6) Life Preservers and Other Life Saving Equipment, 46 CFR 25.25;

(7) Fire Extinguishing Equipment, 46 CFR 25.30;

(8) Back Fire Flame Control, 46 CFR 25.35;

(9) Ventilation, 46 CFR 25.40;

(10) “U.S. Coast Guard Navigation Rules, International-Inland,” as set forth in CG 169, dated May 1, 1977. (Res. 79-120 § 4, 9/11/79).

7.20.045 Vessel operation.

(a) The following activities are prohibited for any motorboat operating on Chelan County waters:

(1) Operating at an excessive speed through congested vessel traffic;

(2) Jumping the wake of another vessel within one hundred feet of said vessel or any time when visibility of vessel is obstructed or restricted;

(3) Becoming airborne or completely leaving the water while crossing the wake of another vessel within one hundred feet of the vessel creating such wake;

(4) Operating at a speed greater than a slow no wake speed within one hundred feet of a swim float, swimmers, persons utilizing any type of flotation devices customarily used as a swimming aid or by swimmers, surfers, persons engaged in angling, any marked swim area, any manually powered vessel, or any anchored, moored, or drifting vessel;

(5) Operating contrary to navigation rules including following too closely to another vessel. For the purposes of this subsection, the term “following too closely” means proceeding in the same direction and operating at a speed in excess of ten miles per hour within one hundred feet of the front and rear or fifty feet to the side of another vessel which is underway, unless the vessels are operating in a narrow channel, in which case the vessel may operate at the speed and flow of the other traffic in the channel;

(6) Operating a motor boat on the waters of Chelan County while an occupant of the vessel is riding, sitting, or standing on the gunwhales or on the decking or the bow of said vessel while it is moving unless such occupant is utilizing appropriate seating, guards, or railings in such area;

(7) Towing a person on water skis, a knee-board, inflatable craft, inner-tube or any other device unless the personal watercraft is rated by the manufacturer to carry at least three persons, and both an operator and observer are aboard the personal watercraft;

(8) Operating a motorboat to chase or harass wildlife;

(9) Operating a motorboat through emergent vegetation at other than a slow/no-wake speed;

(10) Operating a motorboat in any manner that is not reasonable and prudent given the conditions that the operator is or should be aware of at the time of said operation.

(b) Nothing in this section shall be construed to prohibit a person from standing on the deck or over the bow of any vessel while fishing or trolling for fish, or for purposes of mooring the vessel or casting off the vessel to or from any buoy, float or dock, or from standing on the deck over the bow of the vessel for any other necessary purpose for the operation of said vessel. Further, this section shall not apply to a performer engaged in professional exhibition or a person participating in a regatta, race, marine parade, or exhibition authorized or otherwise permitted by the appropriate agency having jurisdiction and authority to authorize such events. (Res. 2001-79, 5/24/01)

7.20.070 Authorizing or permitting incapable person to operate a vessel.

It is unlawful for any person owning or in charge of a vessel to authorize or knowingly permit the vessel to be operated by a person who is under the influence of intoxicating liquor or any drug or who is, by reason of age, experience or physical or mental disability, incapable of safely operating such vessel. (Res. 79-120 § 7, 9/11/79).

7.20.080 Age restrictions.

It is unlawful for a minor child sixteen years of age or under to operate a motorboat, or for any person to authorize or knowingly permit such a minor child to operate a motorboat, except:

(a) When such child is fourteen or fifteen years of age and is accompanied by an individual who is at least eighteen years of age and who is capable of safely operating such a motorboat; or

(b) When the child is ten years of age or older and the motorboat has an engine of fifteen horsepower or less; or

(c) When the child is fourteen years of age or older and the motorboat is being operated on the Columbia River. (Res. 2002-40 (part), 3/18/02: Res. 2001-79, 5/24/01: Res. 79-120 § 8, 9/11/79).

7.20.085 Identification.

Motorboat operators and personal watercraft operators are required to carry photo identification when operating these types of vessels on the waters of Chelan County. (Res. 2001-79, 5/24/01).

7.20.090 Mooring and anchorage restrictions.

(a) It is unlawful to moor, dock or berth a vessel to any fixed or floating structure:

(1) Which is privately owned, without the owner’s permission; or

(2) Which delineates or is a portion of a designated swimming area.

(b) It is unlawful to anchor any vessel within any established channel or heavily traveled area, except:

(1) When such vessel is anchored in an established anchorage area; and

(2) When such vessel poses no obstacle to the free movement and safety of other vessels or persons; and

(3) When such vessel displays a white light in compliance with the United States Coast Guard Regulations identified in Section 7.20.040. (Res. 79-120 § 9, 9/11/79).

7.20.100 Rental of motorboats.

(a) Any person engaged in the business of renting motorboats shall keep a record of the name and address of the person or persons hiring any motorboat, the motorboat’s identification number, the departure time, and the expected time of return. The record shall be preserved for at least two years and shall be available for inspection by the sheriff at all reasonable hours.

(b) Any motorboat offered for rent to the public may be inspected by the sheriff at least once each year for determining compliance with all applicable laws and regulations. (Res. 80-29 (part), 2/26/80; Res. 79-120 § 10, 9/11/79).

7.20.110 Operation in restricted water areas.

(a) No person shall operate a motorboat or sailboat within twenty-five yards of a water area which has been clearly marked with buoys, skindiving markers, or some other distinguishing markers as a bathing, swimming, skindiving or otherwise restricted area.

(b) No person shall operate a water craft in excess of three miles per hour/no wake from the mouth of Lake Wenatchee to the Tumwater Canyon Campground.

Notices shall be posted stating “Closed to water craft operated in excess of three MPH/No Wake.”

(c) No person shall operate a water craft in excess of three mph/no wake from a continual line of buoys approximately three hundred feet from shore starting at a point north of the White River going in a southerly direction to a point on the shoreline of the south shore of Lake Wenatchee which would be west of Glacier View Campground, with the exception of a designated area that would be used for water skiing/recreation area.

Buoys will be marked “Maximum Speed 3 MPH/No Wake Within This Area.” (Map attached to the resolution codified in this section.)

(d) No person shall enter on land or water within four hundred feet of the furthest downstream edge of the Juvenile Fish By-Pass “outflow” pipe at the Rocky Reach hydroelectric project. This restriction shall apply to the property described as up river from the coordinates marking the four hundred foot parallel points on the west side, (north) N 192905.4076 and (east) E 1772115.4924 and, on the east side, (north) N 192455.5246 and (east) E 1773333.3919. This property will be clearly marked “no entry” by the Chelan County PUD with buoys and signage. (Res. 2010-47 (part), 5/17/10: Res. 2003-65, 5/20/03; Res. 93-40 (part), 3/9/93; Res. 92-80, 4/27/92; Res. 79-120 § 11, 9/11/79).

7.20.120 Water skiing.

(a) For purposes of this section, any person who operates a vessel which has in tow another person or persons on water skis, aquaplane, or other similar vessel, and any person who operates such water skis, aquaplane, or similar vessel in tow behind a vessel, shall be deemed engaged in water skiing.

(b) It is unlawful for any person to engage in water skiing unless:

(1) The vessel doing the towing is occupied by at least two persons competent to ensure the safety of the persons in tow; and

(2) Such water skiing is done between sunrise and sunset; and

(3) Such water skiing is done in a careful and prudent manner and at a reasonable distance from persons and property; unless conditions of the water, congestion, weather, or other circumstances demand a greater distance, a reasonable distance shall not be less than twenty-five yards from any person, vessel, swimming dock or float, boat moorage, buoyed area, skindiving water area, or similarly restricted area; and

(4) Such water skiing shall be performed in such a way as not to cause the water skis, aquaplane, or similar vessel or any person thereon, to collide with or strike against any person or object, other than a jumping ramp or in conjunction with skiing over a slalom course; and

(5) The person or persons in tow are wearing personal flotation devices in compliance with those described in the U.S. Coast Guard Regulations referred to in Section 7.20.040.

(c) Water skiing at speeds in excess of those permitted in Section 7.20.140 is allowed for the limited purpose of launching and returning the persons in tow so long as such operation conforms to the water traffic pattern set forth in Section 7.20.180 and with the other provisions of this chapter.

(d) Water skiing is prohibited on that part of Lake Chelan so designated by no-wake buoys, and in the no wake zone of Lake Chelan which is defined for purposes of this section as that area of the lake extending out to one-hundred yards from the shoreline. (Res. 2001-79, 5/24/01; Res. 89-55 (part), 5/30/89; Res. 79-120 § 12, 9/11/79).

7.20.130 Races and regattas.

(a) It is unlawful to hold motorboat or other power boat races, tournaments or exhibitions, water ski tournaments, or other similar events in Chelan County unless prior authorization is first obtained from the county sheriff. Persons or organizations desiring to sponsor such events shall apply to the sheriff at least ten days in advance of the commencement of such events for a permit. Such applications shall be submitted on forms provided by the sheriff and shall specify the waters and general area where the event shall be held; the buoys or other marking devices the sponsor of such event shall place upon the waters to set off any race course or other area; the provisions made by the sponsors for patrolling to protect the course or other area; the provisions made by the sponsors for patrolling to prevent the unauthorized entry into the area of nonparticipants; the rescue and safety measures that shall be provided to ensure the safety of participants and others from injury or damages; the dates of such events, including the dates of trial practice or preliminary events; and such other information as the sheriff may require to fully inform him of the nature and extent of such event.

(b) Each application shall be accompanied by a permit fee of twenty-five dollars; and a bond of not less than one thousand dollars, payable to the county, to hold the county harmless from any injury or damage which may result from such event, and to ensure that requirements for markers, rescue equipment, or other safety conditions stated in the application finally approved are actually provided.

(c) Within ten days after receiving such application, if adequate provisions are made for the safety of the participants and the general public, the sheriff may issue a permit for such events. Such permit shall be issued subject to the condition that the applicant will fulfill the provisions specified in the application finally approved. If at any time the sponsors or participants in such event violate any of the conditions contained in the application, such permit may be revoked by the sheriff in the name of the county for the public safety.

(d) The provisions of this section shall not exempt any person from compliance with applicable federal law or regulation, but nothing contained in this section shall be construed to require the securing of a county permit pursuant to this section if a permit therefor has been obtained from an authorized agency of the United States. (Res. 79-120 § 13, 9/11/79; Res. 83-67, 7/26/83).

7.20.140 Speeding restrictions.

(a) Except as otherwise provided, no vessel shall be operated at a speed in excess of the slow minimal wake speed.

(b) Vessels may be operated at a speed in excess of the slow minimal wake speed if:

(1) The vessel is not operated within one hundred yards of any shoreline or pier; and

(2) The speed is reasonable and prudent under the conditions and having regard for actual and potential hazards; and

(3) The vessel is not operated on that part of Lake Chelan so designated by marked no-wake buoys. (Res. 2001-79, 5/24/01; Res. 79-120 § 14, 9/11/79; Res. 89-55 (part), 5/30/89).

7.20.150 Depositing refuse, litter, sewage prohibited.

It is unlawful for any person to deposit refuse, foreign matter, litter or inadequately treated sewage and/or human waste in the waters of Chelan County. Such sewage and/or human waste may be discharged into such waters only if adequately treated by a device or facility approved by the Chelan-Douglas Health District. Unless a vessel has a current certificate of approval on board from the Chelan-Douglas Health District for such device or facility, the marine toilet must be kept sealed while on the waters of Chelan County. (Res. 79-120 § 15, 9/11/79).

7.20.160 Accident reports.

(a) Every accident involving a vessel on the waters of this county which results in any personal injury or in property damage in excess of five hundred dollars, shall be reported to the Chelan County sheriff by the operator of the vessel. The sheriff shall provide forms upon which such reports may be prepared.

(b) The operator of any vessel involved in an accident resulting in injury or death to any person or damage to property shall immediately stop at the scene and exchange his name, address, the name and number of his vessel with the other parties, and shall render reasonable assistance to any person who has been injured or whose vessel has been disabled. (Res. 79-120 § 16, 9/11/79; Res. 89-55 (part), 5/30/89).

7.20.170 Scuba diving and swimming.

(a) Persons engaging in scuba diving shall mark the area where such operations are being conducted with buoys or other markers which can be seen from a distance at that time of not less than one hundred yards.

(b) It is unlawful to scuba dive within one hundred yards of any ferry slip, public moorage, or public boat ramp.

(c) It is unlawful to skin dive or to swim beyond a distance of one hundred yards from the shoreline, or a pier, unless accompanied by a vessel which can be seen at such time from a distance of not less than one hundred yards. (Res. 79-120 § 17, 9/11/79).

7.20.180 Water traffic pattern.

All persons engaged in water skiing must leave the shoreline at an angle of forty-five degrees with the shoreline on the person’s right. All such persons must return to the shoreline at an angle of forty-five degrees with the shoreline on the person’s right; provided, that the above counter-clockwise pattern for such persons is to be reversed at the Cougar Inn on Lake Wenatchee where they shall leave and return in a clockwise pattern with the shoreline on the person’s left. (Res. 79-120 § 18, 9/11/79: Res. 80-29 (part), 2/26/80).

7.20.185 Transportation of aquatic plants.

(a) It is unlawful for any person to remove aquatic plants from the waters of Chelan County by means of a vessel or motor driven boat. It is further unlawful to remove aquatic plants from the waters of Chelan County by means of any trailer or motorized vehicle engaged in the removal of any aforementioned vessel, or motor driven boat.

(b) It is unlawful for any person to place a trailer or any vessel, motor driven boat, or any type of vehicle with aquatic plants attached, into the waters of Chelan County.

(c) This section does not apply to any vessels or vehicle involved or engaged in the lawful harvesting of aquatic plants for weed control purposes. (Res. 2001-79, 5/24/01).

7.20.190 Motorboat restrictions.

(a) No motorboat, other than boats with electric trolling motors (and boats used for law enforcement and/or rescue purposes), may be used on the following waters:

(1) Lower Wheeler Reservoir (Black Lake);

(2) Clear Lake;

(3) Lily Lake;

(4) Antilon Lake;

(5) Icicle Creek, from its confluence with the Wenatchee River;

(6) Beehive Reservoir;

(7) The Wenatchee River, upstream from the Wenatchee Confluence State Park Footbridge;

(8) The White River, upstream from its mouth;

(9) Meadow Lake;

(10) Three Lakes;

(11) The Entiat River, upstream from the Highway 97A bridge;

(12) The Chelan River, upstream from Bridge 805A.

(b) Such restrictions shall not apply to public work projects, public work maintenance, or public work inspections executed at the cost of federal, state, or local governments.

(c) The sheriff shall prepare and post at convenient public places adjacent to the lakes listed in this section public notices which shall specify the specific restrictions applicable to the particular lake or waterway.

(1) Notices shall be posted on the wharf or docks of each boat livery and adjacent to public launching ramps, docks or wharves and at such locations as will reasonably inform the boating public of restrictions.

(2) Failure of the sheriff to post these notices shall be no defense in a prosecution under this section, but the court may consider this factor in imposing its penalty. (Res. 2019-105 (Exh. A), 9/24/19: Res. 2010-47 (part), 5/17/10: Res. 2009-99, 9/15/09; Res. 2008-66, 3/25/08; Res. 2002-40 (part), 3/18/02; Res. 2001-79, 5/24/01; Res. 89-55 (part), 5/30/89; Res. 85-36, 4/15/85; Res. 79-120 § 20, 9/11/79).

7.20.195 Boating on Roses Lake.

(a) Reserved for future use.

(b) No person shall operate a watercraft in excess of three miles per hour/no wake before sunrise nor later than one hour before sunset year round.

(d) The area of Roses Lake is a Department of Wildlife access area—a fishing license or conservation license is required with each vehicle using the facility.

(e) Do not block boat ramp at any time.

(f) No overnight parking or overnight camping.

(g) Parking area is closed one hour after sunset and open one hour before sunrise. (Res. 2002-40 (part), 3/18/02; Res. 93-40 (part), 3/9/93).

7.20.198 Duty to obey law enforcement officer.

(a) Any person requested or signaled to stop by a person reasonably identifiable as a law enforcement officer for any violations of this chapter has a duty to stop. The signal given by the officer may be by hand, voice, emergency light, siren, or any combination thereof.

(b) No person shall wilfully fail or refuse to comply with any lawful order or direction of any reasonably identifiable law enforcement officer invested by law with authority to direct, control, or regulate traffic upon any or all waterways of Chelan County.

(c) Any person requested to identify him or herself to a person reasonably identifiable as a law enforcement officer pursuant to an investigation under this chapter has a duty to identify him or herself, give his or her current address, and sign an acknowledgment of receipt of notice of violation.

(d) Any person who refuses to comply with any requirement of this section may be arrested without warrant, and is guilty of a misdemeanor, punishable by up to ninety days in the county jail and/or a one thousand dollar fine. (Res. 2001-79, 5/24/01).

7.20.200 Enforcement.

(a) This chapter may be enforced on any waters within Chelan County by any general authority law enforcement officer, including but not limited to the Chelan County sheriff’s office (including reservists operating under the authority of the elected sheriff), and officers of the Washington State Patrol, Parks and Recreation Department, and the Department of Fish and Wildlife.

(b) When a violation of this chapter is made in the presence of any law enforcement officer indicated in subsection (a) of this section, he or she may board any vessel in order to conduct further investigation, issue an appropriate citation, or arrest any violator or violators. In all other cases unless otherwise indicated, arrest for violation of this chapter shall be made pursuant to a warrant.

(c) Any law enforcement officer indicated in subsection (a) of this section shall have the authority to stop and board any vessel for the purpose of an inspection or determining compliance with this chapter. (Res. 2001-79, 5/24/01; Res. 79-120 § 19, 9/11/79).

7.20.210 Violation—Citation—Appearance.

Whenever any person is arrested for any violation of this chapter, the arresting officer may serve upon him a citation and notice to appear in court. The arrested person, in order to secure release, and when permitted by the arresting officer, must give his written promise to appear in court, as required by the citation and notice, by signing in the appropriate place the written citation and notice served by the arresting officer. Upon the arrested person’s failing or refusing to sign such written promise, he may be taken into the custody of such arresting officer and so remain or be placed in confinement. (Res. 79-120 § 21, 9/11/79).

7.20.220 Violation—Penalty.

(a) Unless otherwise designated, a first violation of this chapter is a civil infraction with a penalty not to exceed one hundred thirty dollars, exclusive of any statutory PSEA assessments. Unless otherwise designated, a second violation of this chapter within five years is a civil infraction with a penalty not to exceed two hundred fifty dollars, exclusive of any statutory PSEA assessment. A third violation of this chapter within a five year period shall be designated a misdemeanor, punishable by imprisonment in the county jail for a maximum term fixed by the court of not more than ninety days or by a fine in an amount fixed by the court of not more than one thousand dollars or by both such imprisonment and fine. The court may suspend any or all of the monetary penalties and/or jail time of any violation of this chapter upon appropriate conditions to be established by the court in its discretion, including payment of restitution to any injured party as set forth in subsection (b) of this section. For purposes of this subsection the term “violation” for purposes of calculating the number of prior offenses includes committed findings, bail forfeitures, deferred sentences of any type, dismissals entered after a period of probation, continuance agreements, or a deferred finding including those entered on an infraction.

(b) In any prosecution under this chapter, the court may order the defendant to make restitution to any victims. When the court orders restitution, the court shall make a finding as to the amount of the victim’s loss from the violation, and may order the defendant to pay restitution to the injured party in an amount not to exceed double the victim’s loss.

(c) Any monetary penalty imposed by a court pursuant to this chapter for any violation denominated as an infraction is immediately payable. If the person is unable to pay at that time, the court may grant an extension of the period in which the penalty may be paid. If the penalty is not paid on or before the time established for payment, the court may proceed to collect the payment in the same manner as other civil judgments and may notify the prosecution attorney of failure to pay.

(d) Any monetary penalty imposed by a court pursuant to this chapter for any violation denominated as a misdemeanor is immediately payable. The court may, however, grant an extension of the period in which the penalty may be paid, or may convert the penalty to community service or jail time at an appropriate rate to be determined by the court.

(e) The prosecution for offenses described in this chapter shall not be commenced after a period of one year after its commission.

(f) If any provision of this chapter or its application to any person or circumstances is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. (Res. 2001-79, 5/24/01; Res. 79-120 § 22, 9/11/79; Res. 89-55 (part), 5/30/89).