Chapter 12.02 REGULATION OF VESSELS

When used in this chapter the following words and phrases shall have the meanings designated in this section unless a different meaning is expressly provided or unless the context clearly indicates otherwise.

1. “Boater” means any person on a vessel on waters of the city of Everett.

2. “Boater education card” means a card issued to a person who has successfully completed a boating safety education test and has paid the registration fee for a serial number record to be maintained in the Washington State Parks and Recreation database.

3. “Carrying passengers for hire” means carrying passengers in a vessel on waters of the city of Everett for valuable consideration, whether given directly or indirectly or received by the owner, agent, operator, or other person having an interest in the vessel. This shall not include trips where expenses for food, transportation, or incidentals are shared by participants on an even basis. Anyone receiving compensation for skills or money for amortization of equipment and carrying passengers shall be considered to be carrying passengers for hire.

4. “Darkness” means that period between sunset and sunrise.

5. “Length” means a straight line measurement of the overall distance from the foremost point of a vessel to the aftmost part of a vessel, measured parallel to the centerline not including bowsprits, bumpkins, boomkins, rudders, outboard motor brackets, outdrive units, propellers, and similar fittings or attachments.

6. “Motor-driven boats and vessels” means all boats and vessels which are self-propelled.

7. “Operate” means to steer, direct, or otherwise have physical control of a vessel that is underway.

8. “Operator” means an individual who steers, directs, or otherwise has physical control of a vessel that is underway or exercises actual authority to control the person at the helm.

9. “Owner” means a person who has a lawful right to possession of a vessel by purchase, exchange, gift, lease, inheritance, or legal action whether or not the vessel is subject to a security interest.

10. “Person” means any individual, sole proprietorship, partnership, corporation, nonprofit corporation or organization, limited liability company, firm, association, or other legal entity located within or outside this state.

11. “Personal flotation device” means a wearable Type I off-shore life jacket, Type II wearable near-shore buoyant vest, Type III wearable flotation aid, Type IV throwable ring buoy or buoyant cushion, or Type V special use device or hybrid inflatable device, that is approved by the United States Coast Guard Commandant under Chapter 46, Code of Federal Regulations, Part 160.

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

13. “IRLJ” means the Infraction Rules for courts of Limited Jurisdiction, as in effect at the date of enactment of the ordinance codified in this chapter or as thereafter amended.

14. “RCW” means the Revised Code of Washington, as in effect at the date of enactment of the ordinance codified in this chapter or as thereafter amended.

15. “Reckless” or “recklessly” means acting carelessly and heedlessly in willful and wanton disregard of the rights, safety, or property of another.

16. “Underway” means that a vessel is not at anchor, or made fast to the shore, or aground.

17. “Vessel” means 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. However, it does not include inner tubes, air mattresses, sailboards, and small rafts or flotation devices or toys customarily used by swimmers.

18. “WAC” means the Washington Administrative Code, as in effect at the date of enactment of the ordinance codified in this chapter or as thereafter amended.

19. “Water skiing” means the physical act of being towed behind a vessel on, but not limited to, any skis, aquaplane, kneeboard, tube, or any other similar device.

20. “Waters” and “waters of the city of Everett” mean the navigable waterways within the corporate limits of the city of Everett. (Ord. 3135-09 § 1, 2009: Ord. 1246-86 § 1 (part), 1986)

12.02.015 Failure of vessel to contain required equipment—Liability of operator or owner.

If a vessel does not contain the safety equipment required under this chapter and the rules of the State Parks and Recreation Commission, and the operator is not the owner of the vessel but is operating the vessel with the express or implied permission of the owner, then either the owner or the operator, or both, may be cited for the applicable infraction or charged with the applicable crime. (Ord. 3337-13 § 1, 2013: Ord. 3135-09 § 2, 2009)

12.02.020 Personal flotation devices required—Exceptions—Penalty.

A. No person may operate or permit the operation of a vessel on the waters of the city of Everett without a personal flotation device on board, for each person on the vessel, which is:

1. In good and serviceable condition;

2. Of an appropriate size;

3. Readily accessible; and

4. In compliance with all requirements of WAC 352-60-030.

B. Except as provided in Section 12.02.180 and subsection C of this section, a violation of subsection A of this section is an infraction, punishable in accordance with IRLJ 6.2(d)(4).

C. A violation of subsection A of this section is a misdemeanor, punishable by up to ninety days in jail and a fine of not more than one thousand dollars, if the vessel is carrying passengers for hire.

D. No person shall operate a vessel under nineteen feet in length on the waters of the city of Everett 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 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.

E. Except as otherwise provided by Section 12.02.180, a violation of the child under twelve flotation device requirement is an infraction punishable by a fine in an amount not to exceed five hundred dollars for each offense. Enforcement of subsection D of this section by law enforcement officers may be accomplished as a primary action, and need not be accompanied by the suspected violation of some other offense. (Ord. 3135-09 § 3, 2009: Ord. 2416-99 § 3, 1999: (Ord. 1246-86 § 1 (part), 1986)

12.02.030 Visual distress signals.

A. No person shall operate or permit the operation of a vessel on the waters of the city of Everett unless visual distress signals are carried on board as required by WAC 352-60-040.

B. No person in a vessel shall display a visual distress signal under any circumstance except a situation where assistance is needed because of immediate or potential danger to the persons on board. (Ord. 3135-09 § 4, 2009: Ord. 1246-86 § 1 (part), 1986)

12.02.040 Ventilation.

A. No person shall operate or permit to be operated any vessel on the waters of the city of Everett having on board a gasoline engine used for any purpose, unless it shall be provided with proper ventilation.

B. “Proper ventilation” means that the vessel complies with all requirements of WAC 352-60-050. (Ord. 3135-09 § 5, 2009: Ord. 1246-86 § 1 (part), 1986)

12.02.050 Navigation lights and shapes and sound and light signals.

A. No person shall operate or permit to be operated any vessel when used on the waters of the city of Everett which are governed by the International Regulations for Preventing Collisions at Sea, 1972, (72 COLREGS), Title 33, Code of Federal Regulations, Part 81-72, Appendix A, unless it shall be equipped with the navigation lights and shapes and sound and light signals as required by such international rules and the COLREGS implementing rules, Title 33, Code of Federal Regulations, Parts 81-72 and 82-72, and by WAC 352-60-060.

B. The requirements in this section shall be complied with in all weathers. The requirements concerning lights shall be complied with from sunset to sunrise, and during such times no other lights shall be exhibited, except such lights as cannot be mistaken for lights specified by the United States Coast Guard, or do not impair their visibility or distinctive character, or interfere with the keeping of a proper lookout.

C. The lights herein prescribed shall, if carried, also be exhibited from sunrise to sunset in restricted visibility and may be exhibited in all other circumstances when it is deemed necessary.

D. The requirements concerning shapes shall be complied with by day.

E. Any operator or owner who endangers a vessel or the persons on board the vessel by showing, masking, extinguishing, altering, or removing any light or signal or by exhibiting any false light or signal is guilty of a misdemeanor, punishable by up to ninety days in jail and by a fine of not more than one thousand dollars. (Ord. 3135-09 § 6, 2009: Ord. 1246-86 § 1 (part), 1986)

12.02.060 Steering and sailing.

All persons operating a vessel on the waters of the city of Everett which are governed by the International Regulations for Preventing Collisions at Sea, 1972, (72 COLREGS), Title 33, Code of Federal Regulations, Part 81-72, Appendix A, shall comply with the steering and sailing rules of such international rules and the COLREGS implementing rules, Title 33, Code of Federal Regulations, Part 82-72, and with WAC 352-60-070. (Ord. 3135-09 § 7, 2009: Ord. 1246-86 § 1 (part), 1986)

12.02.070 Fire-extinguishing equipment.

A. No person shall operate or permit to be operated any vessel with a motor on the waters of the city of Everett unless it shall be equipped with the fire-extinguishing equipment as required by WAC 352-60-080.

B. Subsection A of this section does not apply to vessels with an outboard motor, less than twenty-six feet (7.9 meters) in length, and open construction. (Ord. 3135-09 § 8, 2009: Ord. 1246-86 § 1 (part), 1986)

12.02.080 Backfire flame control.

No person shall operate or permit to be operated any vessel powered by a gasoline engine on the waters of the city of Everett unless it meets all backfire flame control requirements of WAC 352-60-090. (Ord. 3135-09 § 9, 2009: Ord. 1246-86 § 1 (part), 1986)

12.02.090 Liquefied petroleum gas.

When a vessel is used to carry persons for hire on the waters of the city of Everett, the use on such vessel of any liquefied petroleum gas or certain flammable liquids for cooking, heating, or lighting is prohibited as required by Title 46, Code of Federal Regulations, Subpart 25.45 and Parts 146 and 147, and by WAC 352-60-100. (Ord. 3135-09 § 10, 2009: Ord. 1246-86 § 1 (part), 1986)

12.02.095 Loading or powering vessel beyond safe operating ability—Penalties.

A. A person shall not load or permit to be loaded a vessel with passengers or cargo beyond its safe carrying ability or carry passengers or cargo in an unsafe manner, taking into consideration weather and other existing operating conditions.

B. A person shall not operate or permit to be operated a vessel equipped with a motor or other propulsion machinery of a power beyond the vessel’s ability to operate safely, taking into consideration the vessel’s type, use, and construction, the weather conditions, and other existing operating conditions.

C. A violation of subsection A or B of this section is an infraction punishable in accordance with IRLJ 6.2(d)(4), except as provided by Section 12.02.180 or where the overloading or overpowering is reasonably advisable to effect a rescue or for some similar emergency purpose.

D. If it appears reasonably certain to any law enforcement officer that a person is operating a vessel clearly loaded or powered beyond its safe operating ability and in the judgment of that officer the operation creates an especially hazardous condition, the officer may direct the operator to take immediate and reasonable steps necessary for the safety of the individuals on board the vessel, including directing the operator to return to shore or a mooring and to remain there until the situation creating the hazard is corrected or ended. In addition to the penalty provided in subsection A or B of this section for overloading or overpowering the vessel, it shall be a separate offense for any person to fail to follow the direction of an officer under this subsection. Failure to follow the direction of an officer under this subsection is a misdemeanor punishable by up to ninety days in jail and by a fine of not more than one thousand dollars. (Ord. 3135-09 § 11, 2009)

12.02.100 Canadian vessels.

When used on the waters of the city of Everett for a period less than sixty days, all Canadian vessels which comply with the boating safety laws of the government of Canada shall be exempt from the provisions of Everett Municipal Code Sections 12.02.020, 12.02.030, 12.02.040, 12.02.050, 12.02.070, 12.02.080 and 12.02.090. (Ord. 1246-86 § 1 (part), 1986)

12.02.110 Vessel operators—Age restriction—Boater education cards—Penalties.

A. It is unlawful for any person to operate or permit the operation of motor-driven boats and vessels with a mechanical power of fifteen horsepower or greater unless the person:

1. Is at least twelve years of age, except that an operator of a personal watercraft shall comply with the age requirements of Section 12.02.155; and

2. (a) Has in his or her possession a boater education card, unless exempted under subsection B of this section; or (b) is accompanied by and is under the direct supervision of a person sixteen years of age or older who is in possession of a boater education card, or who is not yet required to possess the card as provided in the program phase in RCW 79A.60.630(2)(a).

B. The following persons are not required to carry a boater education card:

1. The operator of a vessel engaged in a lawful commercial fishery operation as licensed by the Washington State Department of Fish and Wildlife (“Department”) under RCW Title 77. However, the person when operating a vessel for recreational purposes must carry either a valid commercial fishing license issued by the Department or a boater education card;

2. Any person who possesses a valid marine operator license issued by the United States Coast Guard (“USCG”) when operating a vessel authorized by such USCG license. However, the person when operating a vessel for recreational purposes must carry either a valid marine operator license issued by the USCG or a boater education card;

3. Any person who is legally engaged in the operation of a vessel that is exempt from vessel registration requirements under Chapter 88.02 RCW and applicable rules and is used for purposes of law enforcement or official government work. However, the person when operating a vessel for recreational purposes must carry a boater education card;

4. Any person at least twelve years old renting, chartering, or leasing a motor-driven boat or vessel with an engine power of fifteen horsepower or greater who completes a Washington State Parks and Recreation Commission approved motor vessel safety operating and equipment checklist each time before operating the motor-driven boat or vessel, except that an operator of a personal watercraft shall comply with the age requirements under Section 12.02.155;

5. Any person who is not a resident of Washington State and who does not operate a motor-driven boat or vessel with an engine power of fifteen horsepower or greater in waters of the state for more than sixty consecutive days;

6. Any person who is not a resident of Washington State and who holds a current out-of-country certificate or card that is equivalent to the rules adopted by the Washington State Parks and Recreation Commission;

7. Any person who has purchased the boat or vessel within the last sixty days, and has a bill of sale in his or her possession to document the date of purchase;

8. Any person, including those less than twelve years of age, who is involved in practicing for, or engaging in, a permitted racing event where a valid document has been issued by the appropriate local, state or federal government agency for the event, and is available for inspection on-site during the racing event;

9. Any person who is not yet required to have a boater education card under the phased schedule in RCW 79A.60.630(2)(a); and

10. Any person born before January 1, 1955.

C. Except as provided in subsections (B)(1) through (B)(9) of this section, a boater must carry a boater education card while operating a vessel and is required to present the boater education card, or alternative license as provided in subsection (B)(1) or (B)(2) of this section, to a law enforcement officer upon request.

D. Penalty. A violation of this section is an infraction punishable by a fine in an amount not to exceed five hundred dollars for each offense. (Ord. 3135-09 § 12, 2009: Ord. 2834-05 § 1, 2005: Ord. 1246-86 § 1 (part), 1986)

12.02.120 Operation of vessel in a negligent manner.

It is unlawful for any person to operate a vessel in a negligent manner. For the purposes of this section, to “operate in a negligent manner” means operating a vessel in disregard of careful and prudent operation, or in disregard of careful and prudent rates of speed that are no greater than is reasonable and proper under the conditions existing at the point of operation, taking into account the amount and character of traffic, size of the body of water, freedom from obstruction to view ahead, effects of vessel wake, and so as not to unduly or unreasonably endanger life, limb, property or other rights of any person entitled to the use of such waters. (Ord. 3135-09 § 13, 2009: Ord. 1703 § 1, 1990; Ord. 1246-86 § 1 (part), 1986)

12.02.125 Operation of vessel in a reckless manner—Penalty.

The following section of Washington state law is adopted by reference in all respects, as currently enacted or later amended, as though such section was set forth herein in full:

RCW 79A.60.040. (Ord. 3499-16 § 1, 2016: Ord. 3135-09 § 14, 2009)

12.02.130 Operation of a vessel while under the influence of intoxicating liquor, marijuana, or any drug—Penalty.

The following section of Washington state law is adopted by reference in all respects, as currently enacted or later amended, as though such section was set forth herein in full:

RCW 79A.60.040. (Ord. 3499-16 § 2, 2016: Ord. 3337-13 § 2, 2013: Ord. 3135-09 § 15, 2009: Ord. 2415-99 § 1, 1999: Ord. 1246-86 § 1 (part), 1986)

12.02.131 Refusal to submit to test of blood or breath.

A. The refusal of a person to submit to a test of the alcohol concentration, THC concentration, or presence of any drug in the person’s blood or breath is not admissible into evidence at a subsequent criminal trial.

B. A person’s refusal to submit to a test or tests pursuant to Section 12.02.130 constitutes a class 1 civil infraction under RCW 7.80.120. (Ord. 3337-13 § 3, 2013)

12.02.133 Failure to stop for law enforcement officer.

Any operator of a vessel who willfully fails to stop when requested or signaled to do so by a person reasonably identifiable as a law enforcement officer is guilty of a gross misdemeanor and may be punished by a fine and/or imprisonment up to the maximum fine amount and term of imprisonment set forth in Section 10.04.080(A). (Ord. 3236-11 § 7, 2011: Ord. 3135-09 § 16, 2009)

12.02.137 Duty of operator involved in collision, accident, or other casualty—Immunity from liability of persons rendering assistance—Penalties.

A. The operator of a vessel involved in a collision, accident, or other casualty, to the extent the operator can do so without serious danger to the operator’s own vessel or persons aboard, shall render all practical and necessary assistance to persons affected by the collision, accident, or casualty to save them from danger caused by the incident. Under no circumstances may the rendering of assistance or other compliance with this section be evidence of the liability of such operator for the collision, accident, or casualty. The operator shall also give all pertinent accident information, as specified by rule by the Washington State Parks and Recreation Commission (“the Commission”), to the law enforcement agency having jurisdiction; provided, that this requirement shall not apply to operators of vessels when they are participating in an organized competitive event authorized or otherwise permitted by the appropriate agency having jurisdiction and authority to authorize such events. These duties are in addition to any duties otherwise imposed by law.

B. All reports made to the Commission pursuant to subsection A of this section shall be for the confidential usage as described in RCW 79A.60.210(1), and use thereof as evidence shall be limited as described in RCW 79A.60.210(2).

C. Any person who complies with subsection A of this section or who gratuitously and in good faith renders assistance at the scene of a vessel collision, accident, or other casualty, without objection of the person assisted, shall not be held liable for any civil damages as a result of the rendering of assistance or for any act or omission in providing or arranging salvage, towage, medical treatment, or other assistance, where the assisting person acts as any reasonably prudent person would have acted under the same or similar circumstances.

D. An operator of a vessel is guilty of a class C felony and is punishable pursuant to RCW 9A.20.021 if the operator:

1. Is involved in a collision that results in injury to a person;

2. Knew or reasonably should have known that a person was injured in the collision; and

3. Leaves the scene of the collision without rendering all practical and necessary assistance to the injured person as required pursuant to subsection A of this section, under circumstances in which the operator could have rendered assistance without serious danger to the operator’s own vessel or persons aboard.

This subsection D does not apply to vessels involved in commerce, including but not limited to tugs, barges, cargo vessels, commercial passenger vessels, fishing vessels, and processing vessels. (Ord. 3135-09 § 17, 2009)

12.02.140 Obstructing navigation—Penalty.

A. No person shall in any manner obstruct the navigable portion or channel of the waters of the city of Everett, navigable and generally used for the navigation of vessels, boats, or other watercraft, or for the floating down of logs, cordwood, fencing posts or rails; provided, that the placing of any mill dam or boom across a stream used for floating saw logs, cordwood, fencing posts or rails shall not be construed to be an obstruction to the navigation of such stream, if the same shall be so constructed as to allow the passage of boats, saw logs, cordwood, fencing posts or rails without unreasonable delay; provided further, that the obstruction of navigable waters for the purpose of deploying equipment to contain or clean up a spill of oil or other hazardous material shall not be considered an obstruction.

B. Except as provided by Section 12.02.180, a violation of this section is an infraction punishable by a fine in an amount not to exceed five hundred dollars for each offense. (Ord. 3135-09 § 18, 2009: Ord. 1246-86 § 1 (part), 1986)

12.02.145 Water skiing safety—Requirements.

A. The purpose of this section is to promote safety in water skiing on the waters of the city of Everett, provide a means of ensuring safe water skiing and promote the enjoyment of water skiing.

B. No vessel operator may tow or attempt to tow a water skier on any waters of the city of Everett unless such craft shall be occupied by at least an operator and an observer. The observer shall continuously observe the person or persons being towed and shall display a flag immediately after the towed person or persons fall into the water, and during the time preparatory to skiing while the person or persons are still in the water. Such flag shall be a bright red or brilliant orange color, measuring at least twelve inches square, mounted on a pole not less than twenty-four inches long and displayed as to be visible from every direction. This subsection does not apply to a personal watercraft, the design of which makes no provision for carrying an operator or any other person on board, and that is actually operated by the person or persons being towed. Every remote-operated personal watercraft shall have a flag attached which meets the requirements of this subsection.

C. The observer and the operator shall not be the same person. The observer shall be an individual who meets the minimum qualifications for an observer established by rules of the Washington State Parks and Recreation Commission.

D. No person shall engage or attempt to engage in water skiing without wearing a personal flotation device.

E. No person shall engage or attempt to engage in water skiing, or operate any vessel to tow a water skier, on the waters of the city of Everett during the period from one hour after sunset until one hour prior to sunrise. A violation of this subsection is a misdemeanor, punishable by up to ninety days in jail and by a fine of not more than one thousand dollars.

F. No person engaged in water skiing either as operator, observer, or skier shall conduct himself or herself in a reckless manner that willfully or wantonly endangers, or is likely to endanger, any person or property. A violation of this subsection is a misdemeanor, punishable by up to ninety days in jail and by a fine of not more than one thousand dollars.

G. The requirements of subsections B, C, D, and E of this section shall not apply to persons engaged in tournaments, competitions, or exhibitions that have been authorized or otherwise permitted by the appropriate agency having jurisdiction and authority to authorize such events. (Ord. 3135-09 § 19, 2009)

12.02.150 Water littering.

Repealed by Ord. 3135-09. (Ord. 1246-86 § 1 (part), 1986)

12.02.155 Operation of personal watercraft—Prohibited activities—Penalties.

A. A person shall not operate a personal watercraft unless each person aboard the personal watercraft is wearing a personal flotation device approved by the Washington State Parks and Recreation Commission.

B. A person operating a personal watercraft equipped by the manufacturer with a lanyard-type engine cutoff switch shall attach the lanyard to his or her person, clothing, or personal flotation device as appropriate for the specific vessel. It is unlawful for any person to remove or disable a cutoff switch that was installed by the manufacturer.

C. A person shall not operate a personal watercraft during darkness.

D. A person under the age of fourteen shall not operate a personal watercraft on the waters of the city of Everett.

E. A person shall not operate a personal watercraft in a reckless manner, including recklessly weaving through congested vessel traffic, recklessly jumping the wake of another vessel unreasonably or unnecessarily close to the vessel or when visibility around the vessel is obstructed, or recklessly swerving at the last possible moment to avoid collision.

F. A person shall not lease, hire, or rent a personal watercraft to a person under the age of sixteen.

G. Subsections A through F of this section shall not apply to a performer engaged in a professional exhibition or a person participating in a regatta, race, marine parade, tournament, or exhibition authorized or otherwise permitted by the appropriate agency having jurisdiction and authority to authorize such events.

H. A violation of subsections B through F of this section constitutes a misdemeanor, punishable by up to ninety days in jail and by a fine of not more than one thousand dollars. (Ord. 3135-09 § 21, 2009)

12.02.160 Discharging ballast.

A. No person shall discharge or cause to be discharged the ballast of any vessel into the waters of the city of Everett.

12.02.165 Operating motor-driven boat or vessel for teak surfing, platform dragging, bodysurfing—Prohibition—Exceptions—Penalty.

A. No person may operate a motor-driven boat or vessel or have the engine of a motor-driven boat or vessel run idle while an individual is teak surfing, platform dragging, or bodysurfing behind the motor-driven boat or vessel.

B. No person may operate a motor-driven boat or vessel or have the engine of a motor-driven boat or vessel run idle while an individual is occupying or holding onto the swim platform, swim deck, swim step, or swim ladder of the motor-driven boat or vessel.

C. Subsection B of this section does not apply when an individual is occupying the swim platform, swim deck, swim step, or swim ladder for a very brief period of time while assisting with the docking or departure of the vessel, while exiting or entering the vessel, or while the vessel is engaged in law enforcement or emergency rescue activity.

D. For the purposes of this section, “teak surfing” or “platform dragging” means holding onto the swim platform, swim deck, swim step, swim ladder, or any portion of the exterior of the transom of a motor-driven boat or vessel for any amount of time while the motor-driven boat or vessel is underway at any speed.

E. For the purposes of this section, “bodysurfing” means swimming or floating on one’s stomach or on one’s back on or in the wake directly behind a motor-driven boat or vessel that is underway.

F. Except as provided by Section 12.02.180, a violation of this section is an infraction punishable by a fine in an amount not to exceed one hundred dollars for each offense. (Ord. 3135-09 § 23, 2009)

12.02.170 Speed limit—No Wake Zone—Penalties.

A. There is designated a “No Wake Zone” which shall consist of the following:

1. All waters in Port Gardner Bay and the Snohomish River, lying easterly of Jetty Island and northerly to the two hundred block of West Marine View Drive and southerly to the mouth of the Snohomish River at No. 5T Navigation Buoy.

2. All waters northerly and easterly from the west span of the State Route 529 bridge, to the intersection of the Snohomish River and Interstate 5 bridge span.

B. No motor-driven boat or vessel shall be operated in the No Wake Zone in such a manner as to leave a visible and/or damaging wake.

C. This section shall not apply to motor-driven boats or vessels operated by any city, county, state or federal governmental agency while in the performance of their official duties. (Ord. 3135-09 § 24, 2009: Ord. 2834-05 § 2, 2005: Ord. 1571-89 § 1, 1989; Ord. 1246-86 § 1 (part), 1986)

12.02.175 Registration and display of registration number and decal prerequisite to ownership or operation of vessel—Exceptions—Penalties—Disposition of moneys collected.

A. Except as provided in Chapter 88.02 RCW, no person may own or operate any vessel on waters subject to this chapter unless the vessel has been registered and displays a registration number and a valid decal in accordance with Chapter 88.02 RCW, except that a vessel which has or is required to have a valid marine document as a vessel of the United States is only required to display a valid decal.

B. Except as otherwise provided in Chapter 88.02 RCW, a violation of this section is an infraction punishable by a fine of one hundred twenty-five dollars.

C. Municipal court judges and judges pro tem shall have discretion to assess additional penalties for failure to pay or respond to notices of infractions issued under this section as otherwise allowed by law. (Ord. 3135-09 § 25, 2009: Ord. 3051-08 § 1, 2008: Ord. 2834-05 § 3, 2005)

12.02.177 Vessels for hire—Requirements.

No person who has vessels for hire, or the agent or employee thereof, shall rent, lease, charter, or otherwise permit the use of a vessel, unless the person:

A. Displays the vessel registration numbers and a valid decal on the vessel hull as required by Section 12.02.175;

B. Keeps a copy of the vessel registration certificate aboard the vessel, in compliance with RCW 88.02.340;

C. Displays a carbon monoxide decal on the vessel as required by RCW 88.02.390(2) if the vessel is motor-driven and is not a personal watercraft;

D. Provides a copy of the rental agreement to be kept aboard during the rental, lease, charter, or use period for vessels required under Chapter 88.02 RCW to be registered;

E. Ensures that the vessel, if motor-propelled, meets the muffler or underwater exhaust system requirement in RCW 79A.60.130;

F. Outfits the vessel with the quantity and type of personal flotation devices required by Section 12.02.020 for the number and ages of the people who will use the vessel;

G. Explains the personal flotation device requirements to the person renting, leasing, chartering, or otherwise using the vessel;

H. Equips the vessel with a skier-down flag, and explains observer and personal flotation requirements of Section 12.02.020, if the persons renting, leasing, chartering, or otherwise using the vessel will be waterskiing. (Ord. 3337-13 § 4, 2013)

12.02.180 Penalties.

A. Unless otherwise provided, a violation of this chapter is an infraction, punishable in accordance with IRLJ 6.2(d)(4).

B. A violation of this chapter designated as an infraction is a misdemeanor punishable under Section 10.04.080(B) if the current violation is the person’s third violation of the same provision of this chapter during the past three hundred sixty-five days.

C. Costs and assessments required by state law shall be added to the base penalty for infractions and remitted as set forth in state law. These costs and assessments cannot be suspended or waived. (Ord. 3135-09 § 26, 2009: Ord. 1246-86 § 1 (part), 1986)