Chapter 8.44
RECREATIONAL WATER USE ACTIVITIES
Sections:
8.44.020 Motorboats allowed—Restricted speed horsepower.
8.44.030 Waterskiing prohibited.
8.44.040 Supplemental restrictions.
8.44.050 Water use regulation equipment.
8.44.080 Water users—Swimmers and divers.
8.44.090 Tournaments, exhibitions and boat races.
8.44.010 Definitions.
Unless otherwise provided in this chapter, the following terms used in this chapter are defined as follows:
1. “Darkness” means that period between one-half hour after sunset and one-half hour before sunrise.
2. “Float” means any anchored manmade structure unattached to the shore where any vessel may dock.
3. “Idling speed” means that speed of any motorboat while underway resulting while its propulsion machinery is set at the machine’s slowest possible speed.
4. “Length” as it refers to vessels means the overall distance measured in a straight line parallel to the center line from the foremost part of the vessel to the aftermost part of the vessel, excluding bowsprits, bumpkins, rudders, outboard motors and brackets and similar fittings and attachments.
5. “Motorboat” means any vessel underway under propulsion in whole or in part by machinery. “Motorboat” includes sea planes while taxiing and/or while otherwise not subject to any valid state or federal law or regulation governing the operation of sea planes.
6. “Operator” means any natural person in actual physical control of any vessel.
7. “Person” means any natural person, partnership, association, corporation or organization.
8. “Race-type boat” means any motorboat operated at a speed in excess of thirty-five miles per hour.
9. “Rowboat” means any vessel underway under propulsion in whole manually.
10. “Sailboat”. Any vessel underway under propulsion in whole by sail, or in part by sail and in part manually, shall be considered a sailboat.
11. “Safety buoy” means any buoy established as provided in this chapter and constructed to conform to the State Uniform Waterway Marking System.
12. “Safety buoy line” means the straight line between any two safety buoys or the straight line between any safety buoy and the point on the shoreline closest to such safety buoys.
13. “Police” means the chief of police or his designee.
14. “Shoreline” means the land bordering any existing body of water.
15. “Vessel” means every description of watercraft used or capable of being used as a means of transportation.
16. “Visible,” as it refers to the hours of darkness, means capable of being seen on a dark night with a clear atmosphere; as it refers to the daytime hours, means capable of being seen on a dull day with the atmosphere clear of fog, haze or rain.
17. “Water ski” means to plane over the water with or without any floating device while being towed by any vessel. The term shall include water skiing, free boarding, aquaplaning and similar devices and/or activities.
18. “Wharf” means any manmade structure attached to the shore where any vessel may dock. (Ord. 1183-85 § 1, 1985)
8.44.020 Motorboats allowed—Restricted speed horsepower.
A. Motorboats Allowed—Restricted Speed. Due to the potential interference with other water uses and danger of impact and wake damage on Silver Lake, the maximum speed of any motorboat on Silver Lake is restricted to eight miles per hour. Further, no motor shall be used on any motorboat on Silver Lake which exceeds 9.9 horsepower; provided, however, this section shall not prevent city, county or state governmental agencies from exceeding the restrictions set forth in this chapter for the purpose of search and rescue or law enforcement purposes.
B. Speed—General Regulations. It shall be unlawful for any person to operate any vessel in other than a careful and prudent manner or at a rate of speed greater than is reasonable and proper under the conditions existing at the time and point of operation, taking into account the condition of the water, amount and character of traffic and congestion, weather, size and configuration of the lake, freedom from obstruction to view, around or other circumstances so as not to unduly or unreasonably endanger the life, limb, property or other rights of any person. In no event shall the speed as set forth in subsection A of this section be exceeded except for race-type boat operation in the manner authorized by this chapter.
C. Speed Regulations—Special Circumstances. Unless conditions of the water, traffic and congestion, weather, size and configuration of the lake, freedom from obstruction to view or other circumstances demand greater distance and/or slower speed, it shall be unlawful for any person to operate any vessel:
1. At a speed greater than idling speed or eight miles per hour, whichever is the lesser, within one hundred feet of any swimmer, skin and/or scuba diver’s artificially illuminated marker buoy, other vessel and floating objects.
2. In the water area of the lake designated as a swimming only area, or as a vessel prohibited area, except this provision does not apply to vessels actually used in the rescue of persons in distress.
3. At a speed greater than idling speed or eight miles per hour, whichever is the lesser, within one hundred feet of any shoreline, safety buoy line, float or wharf.
D. Fuel Handling. The handling of fuel or refueling of boats shall be prohibited within one hundred feet of the shoreline of Silver Lake. (Ord. 1183-85 § 2, 1985)
8.44.030 Waterskiing prohibited.
Due to the potential interference with other water users, or danger of impact and wake damage presented to other water users and health hazards, the operation of vessels for towing water skiers and water skiing on Silver Lake is prohibited. (Ord. 1183-85 § 3, 1985)
8.44.040 Supplemental restrictions.
The parks and recreation board may, supplementary to the general restrictions imposed by this chapter, enact comprehensive restrictions on Silver Lake, which restrictions may establish swimming only and swimming prohibited area, diving only or diving prohibited and other water use restrictions or the type of hours for a given use for the purpose of providing for the safety of water users and freedom from undue interference from conflicting uses. (Ord. 1183-85 § 4, 1985)
8.44.050 Water use regulation equipment.
A. Buoy Locations and Design. The parks and recreation director, in accordance with regulations established by the park board, is authorized and directed to designate locations in the water areas of Silver Lake when and where safety buoys are reasonably necessary for the public safety, welfare, health and peace. The designated locations of safety buoys shall be determined upon taking into consideration hazardous conditions such as shallow water, rocks or snags, population at and about the lake, time and location of pleasure boating, swimming, bathing, fishing, diving and other water uses upon said lake.
Safety buoy location designations when located upon a map and approved by the park board shall establish the boundaries of speed control areas; swimmer only, or swimmer restricted areas; vessel prohibited, or vessel-type restricted areas; or other water use restriction zones within the lake. Such boundaries shall become effective when the buoys, as designated, are installed.
The parks and recreation director is authorized and directed to design buoys to accomplish the contemplated regulatory purposes in accordance with the State Uniform Waterway Marking System. Designs when approved by the city shall become the standard for construction for use in any lake in the city.
B. Signs or Other Signaling Devices. The director of parks and recreation, consistent with regulations adopted by the park board, may install such signs and signaling devices as will properly apprise water users of the water use regulation. It shall be deemed sufficient notice for any sign bearing general information to be placed only at the points of public access in Silver Lake where they shall be visible from both shore and water.
C. Privately Installed Water Use Regulation Equipment—Diving Flags. Individuals may maintain divers’ flags which shall be used only in the manner and at such places as are authorized by this chapter. A diver’s flag shall be a red flag, five units of measurement on the hoist by six units of measurement on the fly, with a white stripe having a width of one unit of measurement crossing the red diagonally. The flag shall have a stiffener to make it stand out from the pole or mast. A unit of measurement shall be not less than two inches. (Ord. 1183-85 § 5, 1985)
8.44.060 Boating equipment.
A. Equipment Required on All Vessels—Personal Flotation Equipment. All vessels when underway on Silver Lake are required to carry on board in a readily accessible place one personal flotation device per person aboard. Such device shall be of the size and type as is required at the time of operation by the United States Coast Guard for vessels of similar size and equipment operating in inland waters.
B. Equipment Required—Lighting. During hours of darkness, every vessel shall be equipped with and while underway or at anchor at any place other than a dock or shoreline, shall display navigation lights as prescribed in this chapter. Such lights shall be a white light which shall be temporarily exhibited in sufficient time to prevent a collision; provided, that any motorboat while underway shall continuously display a white light distinctly visible for a distance of at least five hundred feet; and provided further, that it shall be deemed a compliance of this section when any vessel displays navigation lights of a type approved by competent authority for operation of such vessel in inland waters.
C. Boating Equipment—Motorboats—Fire Extinguishers. Every motorboat and every boat carrying gas, gasoline or electrical systems shall have on board and in a readily accessible place, a hand portable fire extinguisher, which meets United States Coast Guard standards, appropriate for the extinguishing of such gas, gasoline, oil and grease or electrical fires. Such fire extinguisher shall be in good and serviceable condition.
D. Boating Equipment—Motorboats—Mufflers. Every motorboat equipped with an internal combustion motor shall be equipped with a device so constructed and used as to effectively and adequately muffle the noise of the exhaust of every such internal combustion engine. The provisions of this subsection shall not apply to race-type boats operated on any race course approved for that purpose by the park board when such operation is of the dates and hours permitted for the course and all warning signs or markers and safety patrolling requirements for the course are met.
E. Flotation Devices Required for Children Twelve and Under. No person shall operate a vessel under nineteen feet in length on Silver Lake with a child twelve years old and under, unless the child is wearing a personal flotation device that meets or exceeds the United States Coast Guard approval standards of the appropriate size, while the vessel is underway. For the purposes of this section, a personal flotation device is not considered readily accessible for children under twelve years old and under unless the device is worn by the child while the vessel is underway. The personal flotation device must be worn at all times by a child twelve years old and under whenever the vessel is underway and the child is on an open deck or open cockpit of the vessel. The following circumstances are excepted:
1. While a child is below deck or in the cabin of a boat with an enclosed cabin;
2. While a child is on a United States Coast Guard inspected passenger-carrying vessel operating on the navigable waters of the United States; or
3. While on board a vessel at a time and place where no person would reasonably expect a danger of drowning to occur. (Ord. 2416-99 § 1, 1999: Ord. 1183-85 § 6, 1985)
8.44.070 Vessel operators.
A. Vessel Operators—Age Restrictions. It shall be unlawful for any motorboat to be operated by or for any person owning or in charge of any motorboat to authorize any motorboat to be operated by any person under the age of fourteen years unless such person is accompanied by a person who is over the age of fourteen years.
B. Vessel Operators—Capability Restrictions. It shall be unlawful for any person owning or in charge of any vessel to operate such vessel or to knowingly authorize any person to operate any vessel when such person is:
1. Under the influence of intoxicating liquor, or controlled substance; or
2. By reason of a physical or mental disability incapable of safely operating such vessel under the prevailing circumstances.
C. Motorboats—Right-of-Way. Every motorboat shall at all times yield right-of-way to sailboats, sailboards, rowboats, swimmers and divers.
D. Vessel Operation—Overloading. It shall be unlawful for any person to operate or being owner or in charge to authorize any person to operate, any vessel loaded with passengers or cargo which exceeds the particular vessel’s maximum safe loading capacity. (Ord. 1183-85 § 7, 1985)
8.44.080 Water users—Swimmers and divers.
A. Water Users—Swimmers. It shall be unlawful for a swimmer to swim or float in an area expressly prohibited for swimming. It shall be unlawful for a swimmer to swim or float in a swimming restricted area unless accompanied by a vessel which shall at all times remain within twenty feet of such swimmer.
B. Water Users—Scuba Divers—Snorkelers. The water areas where diving or snorkeling is authorized shall be marked with identifying buoys or flags of sufficient size to be visible at a distance of not less than one hundred yards. It shall be unlawful for any person to swim, dive or snorkel in any area not clearly marked as an authorized diving or swimming area.
At any time when city parks personnel are on duty at Silver Lake Beach, all scuba divers and snorkelers shall notify such personnel of their interest to dive/snorkel. City personnel shall also be notified when diving/snorkeling is completed. (Ord. 1183-85 § 8, 1985)
8.44.090 Tournaments, exhibitions and boat races.
A. General—Sponsorship. It shall be unlawful for any person to sponsor any tournaments, exhibitions, boat races or similar events upon Silver Lake, unless a permit has been issued in accordance with this chapter.
B. Participation. It shall be unlawful for any person to participate in any tournaments, exhibitions, boat races or similar events upon Silver Lake except in accordance with a permit issued pursuant to this chapter.
C. Exhibition, Tournament Permits Authorized. The city may by permit authorize the conduct of tournaments, exhibitions, races or other events upon or in Silver Lake not otherwise restricted by state or federal regulation; provided, that such permits shall not authorize motorboat regattas, tournaments, races or other events upon or in Silver Lake where motorboats are otherwise prohibited. Such permits shall be supplementary to any other permit otherwise required.
Within the area designated for the event and during the time specified in the permit, all or part of the sections of this chapter relating to operator qualifications or equipment qualifications may be waived; provided, that such waiver is requested in writing by the sponsor and noted upon the permit.
D. Permit Application. Any person desiring to sponsor such events shall apply to the parks and recreation department not more than one hundred twenty days in advance and not less than sixty days in advance of the commencement of such events for a permit. Such application shall be submitted on forms provided by the parks and recreation department and shall specify:
1. The name and address of sponsor;
2. The general water area of the lake where such events shall be held;
3. The hours and dates of such events including the hours and dates of any trial practices or preliminary events;
4. The type or nature and extent of such events;
5. Plans drawn to scale showing the course and outer restricted area; the outer restricted area to be of such size as to permit safe passage of any vessel or swimmer outside its perimeter; all such plans to show the nature and location of all buoys and markers and other floating devices that are existing or to be temporarily placed upon the water;
6. The provisions that shall be made by the sponsor for patrolling to prevent the unauthorized entry of nonparticipants into the water areas;
7. The safety and rescue measures that shall be provided by the sponsor to insure the safety of the life, limb and property of participants and other persons;
8. All concessions and incidental activities to be conducted in connection with the event;
9. Land area under control of applicant and promoters for the purpose of accommodating anticipated crowds and preventing pressure of trespassers on private property;
10. Such other information as the city may require to fully inform it of the nature and extent of such event.
E. Permit Application—Fee. Each application for a permit shall be accompanied by an application fee of twelve dollars payable to the city. In addition, the applicant shall pay the cost of publication and of posting of notices provided for in this chapter. No permit shall be issued under this chapter unless the applicant demonstrates that he will meet the conditions, limitations and restrictions of this chapter. Such application fee shall be nonreturnable.
F. Permit Applications Referral. Upon receipt of an application for permit, the parks and recreation department shall take the following action:
1. Refer copies of the application:
a. To the director of parks and recreation for his comments on the desirability of the event and for the posting of notices at each public access to the lake involved,
b. To the police department for comments on the qualifications of patrol personnel, on traffic safety and on noise problems,
c. To the Snohomish Health District for adequacy of sanitation facilities;
2. Shall cause a date and time for public hearing before the park board to be set. Such hearing shall be scheduled within thirty days of receipt of the application. Notice of the hearing shall be given by publication of at least one notice not less than ten days prior to the hearing in a newspaper of general circulation within the county. Additional notice shall include posting at appropriate public access to the lake involved.
G. Permit Issuance. After the public hearing set forth in this chapter, the park board shall, within seven days, make a recommendation to the city council as to whether a permit shall issue. A recommendation to issue the permit shall be made if the park board determines that the applicant has shown that it is able to comply with all applicable requirements of this chapter and that the permit, when taken in conjunction with all other applications and permits issued during the same calendar year for the lake shall not result in a frequency or duration of such activity as will cause an unreasonable interference with other water users on the lake and that when the conditions of the permit are met, there will be no unreasonable hazard to the safety, comfort and repose of others, whether water users, landowners or road users on or in the vicinity of the lake and that the conditions in the permit will not contain a lesser standard than that specified in this chapter.
Within fourteen days of receipt of the park board recommendation, the city council shall consider the park board recommendation. The recommendation of the park board shall be adopted, unless the city council finds, after a review of the entire record before the park board, that the requirements of this chapter will not be met by the applicant.
H. General Conditions of Use. Permits for any regatta, tournament, race or other event is subject to the following minimum limitations and conditions:
1. That the plan, map and text showing the course restricted area, location of buoys, markers and other safety equipment, shore and upland under control of applicants, with parking areas located thereon, together with attendant and participant areas and toilet facilities shall when approved or approved as modified bind the applicants and promoters to the stated locations, terms and conditions.
2. That all buoys, markers and other safety equipment, and toilet facilities shall be in place not later than two hours prior to time specified for any activity permitted by the permit.
3. That the qualifications of the traffic-control persons, crowd control persons and restricted area patrol persons specified in the permit have been approved by the police department in accordance with the conditions of the permit and of this chapter and that such persons are on duty not later than one hour prior to the period specified on the permit for which their use will be required. Use of alcohol, narcotic drugs by any of the above specified personnel during any period for which they are required to be on duty shall void the permit.
4. That during any competition emergency medical aid personnel and equipment specified in the permit are on duty at the stations specified in the permit.
5. That a policy of insurance affording property damage and bodily injury liability coverage including liability for damage caused by wake or any motorboat operating as a result or as a participant in any event within the restricted area bearing limits commensurate with the hazard, such limits to be not less than one million dollars for each occurrence in the case of activities involving motorboats, which policy shall afford primary coverage to the city and shall name all the promoters and the city as additional insurers on such policy. The city shall be furnished with a copy of such policy not less than ten days prior to the event, which policy shall be accompanied by a letter from the authorized representative of the insurance company, certifying the policy will be in force on the day of the event.
6. That the applicant and promoters shall remove all temporarily placed equipment immediately at the termination of permitted events and shall remain liable for damages sustained as a result of their failure so to do and for the cost of removal.
7. The fueling, refueling and handling and storage of fuel shall be subject to the inspection of the fire department. The applicant shall comply with any requirements or conditions which the fire department may impose.
8. That any other special conditions imposed are complied with.
I. Restricted Area Designation—Effect. When buoys and markers provided for in the permit are installed and in place during the period of time specified in the permit, it shall be unlawful for any person or vessel to be in the restricted area of the water unless such person is an applicant or promoter or participant in the permitted activity or is a city administrative or law enforcement person or a person providing emergency aid.
J. Duty of Everett Police Department. If there is a violation of the permit, the police department may arrest the violator or in lieu thereof issue a citation to such violator. If there is a failure to comply with any condition of the permit, the director of parks and recreation may suspend such permit until the defect is corrected or if he finds that the correction will not be made within the operating period of the permit, the city may revoke the permit. Any activity authorized by the permit shall be unlawful during a period of suspension and after revocation. (Ord. 1183-85 § 9, 1985)
8.44.100 Penalties.
A. General Penalty. Each violation of this chapter, other than flotation devices required for children under twelve (Section 8.44.060(E)), shall constitute a misdemeanor punishable upon conviction by a fine of not more than five hundred dollars or by imprisonment not to exceed six months or by both such fine and imprisonment. A violation of flotation devices required for children under twelve is an infraction with a maximum penalty of a five hundred dollar fine. Enforcement of flotation devices required for children under twelve by law enforcement officers may be accomplished as a primary action, and need not be accompanied by the suspected violation of some other offense.
B. Reckless Operation. Any person who operates any vessel in willful or wanton disregard for the safety of persons or property is guilty of reckless operation.
C. Exceeding Speed Limit Evidence of Reckless Operation. The unlawful operation of a vessel in excess of the maximum lawful speeds provided in this chapter at the point of operation and under the circumstances described shall be prima facie evidence of the operation of a vessel in a reckless manner by the operator thereof.
D. Operating Vessel in a Negligent Manner. 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” shall be construed to mean the operation of a vessel in such a manner as to endanger or be likely to endanger any persons or property. The offense of operating a vessel in a negligent manner shall be considered to be a lesser offense than, but included in, the offense of operating a vessel in a reckless manner, and any person charged with operating a vessel in a reckless manner may be convicted of the lesser offense of operating a vessel in a negligent manner.
E. Water Littering. It shall be unlawful for any person to dump, throw or otherwise deposit junk, trash, garbage, refuse, litter or other waste and/or foreign material into Silver Lake; provided, that nothing in this chapter shall prohibit the cleaning of freshly caught fish and depositing the waste matter therefrom in lake areas a reasonable distance from swimming and bathing beaches.
F. Citations Authorized. 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 failure or refusing to sign such written promise and notice, he may be taken into custody by such arresting officer and placed in confinement. (Ord. 2416-99 § 2, 1999: Ord. 1183-85 § 10, 1985)
8.44.110 Enforcement.
A. Parks Director Duties. The parks and recreation director is authorized and directed to prepare, post and maintain at convenient public places adjacent to Silver Lake public notices which shall specify the current specified restrictions applicable to the particular lake as set out in this chapter. Such notices shall be conspicuously posted on or adjacent to every wharf of every boat livery and on or adjacent to every public launching ramp and/or wharf and at such other locations as will reasonably inform the public of these restrictions.
B. Police Duties. It shall be the duty of the police department to enforce the provisions of this chapter. When a violation of this chapter is made in the police officer’s presence, he may board any vessel and he may arrest any violator. In all other cases, arrest for violation of this chapter shall be made pursuant to warrant issued by a judge of a court of competent jurisdiction. (Ord. 1183-85 § 11, 1985)