Chapter 14.05
GENERAL PROVISIONS
Sections:
14.05.020 Authorization – Harbor defined.
14.05.030 Application – Provisions supplemental.
14.05.050 Application of harbor code – Exemptions.
14.05.070 Liability for damages.
14.05.080 Violation – Penalty.
14.05.010 Short title.
This title shall constitute the “harbor code” of the town and may be cited as such. [Ord. 512 § 1, 2015]
14.05.020 Authorization – Harbor defined.
(1) The town, in the exercise of its police power, assumes control and jurisdiction over all waters within its limits, and such waters shall, for the purpose of this title, be known as the “harbor.”
(2) As authorized by RCW 35.21.160, the powers and jurisdiction of the town with boundaries adjacent to or fronting on any lake, or other navigable waters, shall extend into and over such waters and over any tidelands intervening between any such boundary and any such waters to the middle of such lake or other waters in every manner and for every purpose that such powers and jurisdiction could be exercised if the waters were within the town limits. [Ord. 512 § 1, 2015]
14.05.030 Application – Provisions supplemental.
The provisions of this title shall be applicable to all vessels, watercraft and water sport craft operating in the harbor of the town. The provisions of this title shall be construed to supplement United States laws and state laws and regulations when not expressly inconsistent therewith in the harbor where such United States and state laws and regulations are applicable. [Ord. 512 § 1, 2015]
14.05.040 Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this title.
(1) “Anchorage” means a designated position where vessels or watercraft may anchor or moor.
(2) “Aquatic event” means any organized water event including but not limited to races, authorized events, etc., of limited duration which is duly sanctioned at least seven days in advance by the town of Hunts Point or an appropriate governmental agency or authority and which is conducted according to a prearranged schedule and in which general public interest is manifested.
(3) “Authorized emergency vessel” means any authorized vessel or watercraft of the Hunts Point police department, any duly authorized officer of a police department or marine patrol under contract with Hunts Point for police and marine patrol services or through mutual aid agreements, King County sheriff’s department, the United States government, Seattle police department and authorized vessels of the state of Washington or its political subdivisions by virtue of their election or appointment.
(4) “Dealer” means a person, partnership, association, or corporation engaged in the business of selling vessels at wholesale or retail in this state.
(5) “Department” means the department of licensing.
(6) “Diver’s flag” means a rigid replica of the International Code flag “A” not less than one meter (3.3 feet) in height. Measures shall be taken to ensure its all-round visibility. Or as an additional flag, a red flag, six units of measurement on the hoist by six units of measurement on the fly with a white stripe of one unit crossing the red diagonally, the flag to have a stiffener to make it stand out from a pole or mast. This flag shall only pertain to skindiving and SCUBA (self-contained underwater breathing apparatus) diving and shall supplement any nationally recognized diver’s flag or marking. A unit of measurement shall not be less than two inches.
(7) “Duly authorized officer” means any duly authorized officer of the police department, marine patrol or any duly authorized officer of a police department or marine patrol under contract with the town of Hunts Point or through mutual aid agreements for police and marine patrol services to enforce the Hunts Point Municipal Code. This may include officers of the King County sheriff’s department, the United States government, Seattle police department, and the state of Washington or its political subdivisions by virtue of their election or appointment shall have authority to enter upon and inspect any vessel or obstruction in the harbor and are charged with the enforcement of the provisions of this title except as the enforcement thereof is otherwise specified in this title.
(8) “Fairway” means that channel or portion of the harbor customarily navigated by vessels or watercraft.
(9) “Master” means the captain, skipper, pilot or any person having charge of any vessel or watercraft.
(10) “Obstruction” means any vessel or watercraft or any matter which may in any way blockade, interfere with or endanger any vessel or watercraft or impede navigation.
(11) “Oil” means any oil or liquid, whether of animal, vegetable, mineral or chemical origin, or a mixture, compound or distillation thereof.
(12) “Operator” means any individual who steers, directs, or otherwise has physical control of a vessel, watercraft or water sport craft that is underway or exercises actual authority to control the person at the helm.
(13) “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.
(14) “Pier” means any pier, wharf, dock, float, gridiron or other structure to promote the convenient loading or unloading or other discharge from vessels, watercraft or water sport craft or the repair thereof.
(15) “Restricted area” means an area that is closed to all water traffic or where water traffic is regulated for the health, safety and welfare of the public.
(16) “Testing course” means a course or area on waters subject to the jurisdiction of the town, designated in accordance with this title or pursuant to other applicable laws and regulations, for use in industrial development and testing of experimental and production watercraft and vessels.
(17) “Tow boat” means any vessel or watercraft engaged in towing or pushing another vessel or watercraft.
(18) “Vessel” means every watercraft used or capable of being used as a means of transportation on the water, other than a seaplane. However, it does not include “water sport craft” as defined under subsection (22) of this section.
(19) “Wake” means the visible trail of turbulence which produces whitewater at the bow and/or stem of a watercraft moving through the water.
(20) “Watercraft” means any contrivance used or capable of being used as a means of transportation on water. Cribs or piles, shingle bolts, booms of logs, rafts of logs and rafts of lumber shall not be included within the term “watercraft” or “vessel,” but shall be included within the term “obstruction” when they are floating loose and not under control or when under control and obstructing any navigable channel.
(21) “Water ski” means all forms, manner, means or contrivances of person or persons being towed behind a watercraft.
(22) “Water sport craft” means any device or contrivance used on the water including inner tubes, air mattresses and small rafts or flotation devices or toys customarily used by swimmers. [Ord. 512 § 1, 2015]
14.05.050 Application of harbor code – Exemptions.
The provisions of this title shall be applicable to the operation of any and all vessels, watercraft and water sport craft in the harbor of the town, except that they shall not apply to any authorized emergency vessel or watercraft actually responding to an emergency call or in immediate pursuit of an actual or suspected violator of the law; provided, that the provisions of this section shall not relieve the operator of an authorized emergency vessel or watercraft of the duty to operate with due regard for the safety of all persons using the harbor of the town. [Ord. 512 § 1, 2015]
14.05.060 Public health.
All vessels, watercraft, and water sport craft entering the harbor of the town shall comply with the applicable public health laws and regulations of the United States, the state, and its political subdivisions. [Ord. 512 § 1, 2015]
14.05.070 Liability for damages.
Nothing in this title shall be construed so as to release any person owning or controlling any vessel, watercraft, water sport craft, pier, obstruction or other structure from any liability for damages. The safeguards to life and property required in this title shall not be construed as relieving any person from installing and maintaining any other safeguards which may be required by law. [Ord. 512 § 1, 2015]
14.05.080 Violation – Penalty.
Any person failing to pay the appropriate fine or to appear for any court proceeding scheduled in response to a citation for a violation of this title is guilty of a misdemeanor and shall, on conviction thereof, be punished by a fine in a sum not exceeding $500.00 or by imprisonment for a term not to exceed 90 days, or by both such fine and imprisonment. [Ord. 512 § 1, 2015]