Chapter 8.40 BOATING SAFETY

It is the policy of Jefferson 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. [Ord. 5-90 § 1]

8.40.020 Definitions.

The words listed below as used in this chapter mean as follows:

(1) “Waters” means all navigable waters, salt and fresh, in Jefferson County.

(2) “Motorboat” means any vessel propelled in any respect by machinery and/or any vessel air/ water jet.

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

(4) “Operator” means the person who is in control of a vessel.

(5) “Vessel” means any contrivance used, or capable of being used, or designed for navigation or as a means of transportation on water.

(6) “Restricted area” means an area that has been designated to be used for, or closed to, certain purposes such as swimming, underwater diving and competitions or exhibitions.

(7) “Swimming” means floating on an air mattress, inner tube or other similar inflatable devise (not including inflatable rafts) as well as propelling or floating oneself in the water.

(8) “Diving” means the activity of submerging in water while equipped with snorkeling, hard hat, or scuba diving equipment.

(9) “Water skier” means a person in tow from a vessel riding on water skis, aquaplane, surfboard, or other similar device.

(10) “Personal flotation device” means U.S. Coast Guard approved life preservers, buoyant vests, special purpose water safety devices, buoyant cushions, ring buoys, and work vests.

(11) “Authorized emergency vessel” means those vessels of a county or municipal police or fire department, the United States Government and the state of Washington, equipped with blue warning lights and siren.

(12) “Personal watercraft” means those vessels less than 16 feet in length which use a motor powering a jet pump and which are designed to be operated by a person sitting, standing or kneeling on, or being towed behind the vessel, rather than the conventional manner of sitting or standing inside the vessel. [Ord. 5-90 § 2]

8.40.030 Numbering required.

All vessels used on the waters of this county shall be numbered or designated in accordance with any applicable United States or Washington State law as now or hereafter amended. [Ord. 5-90 § 3]

8.40.040 Equipment.

A vessel shall carry and use in the manner prescribed that equipment, including personal flotation devices, visual distress signals, means of ventilation, navigation lights, fire extinguishing equipment, and backfire flame control devices required for such vessel by Chapter 352-60 WAC, as now or hereafter amended. [Ord. 5-90 § 4]

8.40.050 Whistles and lights.

Except when necessary as a warning or in an emergency it shall be unlawful for any person to blow or sound a whistle or horn of any vessel, or shine a search light or other bright light onto any houseboat or other residence, or onto the bridge or into the pilothouse or any other area of any vessel underway in a manner likely to reduce the vision of the operator. [Ord. 5-90 § 5]

8.40.060 Negligent operations.

It shall be unlawful for any person to operate a vessel in a negligent manner. For the purpose of this section, to “operate in a negligent manner” shall be construed to mean the operation of a vessel in such a manner as to endanger or be likely to endanger any person or property. Negligent operation is a misdemeanor punishable by a fine of not more than $1,000 or by imprisonment in the county jail for a period not to exceed 90 days, or by both such fine and imprisonment. In addition the court may order the defendant to pay restitution for any damages or injuries resulting from the offense. [Ord. 5-90 § 6]

8.40.070 Reckless operation.

It shall be unlawful for any person to operate a vessel in a reckless manner. For the purpose of this section, to “operate in a reckless manner” shall be construed to mean the operation of a vessel in a willful or wanton disregard for the safety of persons or property. Reckless operation is a gross misdemeanor punishable by a fine of not more than $5,000 or by imprisonment in the county jail for a period not to exceed 365 days, or by both such fine and imprisonment. In addition the court may order the defendant to pay restitution for any damages or injuries resulting from the offense. [Ord. 5-90 § 7]

8.40.080 Operation while under the influence of alcohol and/or drugs.

It shall be unlawful for any person to operate a vessel while under the influence of alcohol and/or drugs.

(1) A person is guilty of operating a vessel while under the influence of alcohol or any drug if the person operates a vessel while:

(a) The person has 0.10 grams or more of alcohol per 210 liters of breath; as shown by analysis of the person’s breath in the same manner as provided in RCW 46.61.506; or

(b) The person has 0.10 percent or more by weight of alcohol in the person’s blood as shown by analysis of the person’s blood in the same manner as provided in RCW 46.61.506; or

(d) The person is under the combined influence of or affected by intoxicating liquor and any drug.

(2) The fact that any person charged with a violation of the section is or has been entitled to use such drug under the laws of this state shall not constitute a defense against any charge for violating this section.

(3) All tests for alcohol or drug of any person’s blood or breath shall be subject to the provisions of RCW 46.61.506. An arresting officer shall administer field sobriety tests when circumstances permit.

(4) The penalty for operating a vessel under the influence of alcohol and/or drug shall be as prescribed by RCW 88.02.095, as now or hereafter amended. [Ord. 5-90 § 8]

8.40.090 Incapacity of operator.

It shall be unlawful for any person who owns or is in control of any vessel to authorize or knowingly permit the same to be operated by any person who by reason of physical or mental disability, incapacity or immaturity is incapable of operating such vessel under the prevailing circumstances, including the type, size and motive power of the vessel, and the weather and water conditions. [Ord. 5-90 § 9]

8.40.100 Underage operator.

It shall be unlawful for any minor under the age of 16 years to operate or be permitted, by the owner or person having charge of a motorboat, to operate a motorboat powered by a motor of 10 horsepower or more unless accompanied by a person who is over the age of 18; provided, that supervision by an adult is not required of a minor under 16 who has completed the U.S. Coast Guard Auxiliary Basic Boating Safety Course, Power Squadron’s Boating course or other recognized boating safety course, and has received a certificate therefor. [Ord. 5-90 § 10]

8.40.110 Speed limit.

Except as permitted in JCC 8.40.220, it shall be unlawful for any person to operate a vessel at a speed sufficient to create a wake or in excess of seven nautical miles per hour, whichever is less, within 150 feet of any shoreline, pier, breakwater or restricted area. However, in instances where steerage may be lost due to high winds or excessive currents, a vessel may exceed seven knots to such speed as may be sufficient for safe operation of the vessel, leaving the least wake possible; provided, that the area of Port Ludlow Bay southerly of a line extending due east from the southern tip of Burner Point to the east shore of Port Ludlow Bay is hereby declared a restricted area and the boat speed in that restricted area shall be five nautical miles per hour. [Ord. 7-92; Ord. 5-90 § 11]

8.40.120 Interference with navigation.

It shall be unlawful to operate a vessel in a manner which unreasonably or unnecessarily interferes with the operation of another vessel or the launching of any vessel at any public boat launching ramp. Anchoring, mooring or the placing of buoys, or other marking devices under a bridge or in a channel or in an approach to a public boat launching ramp shall constitute interference with navigation. [Ord. 5-90 § 12]

8.40.130 Mooring at private docks without permission.

It shall be unlawful to moor a vessel to a private seawall or pier unless licensed, invited or otherwise privileged to do so or beach a vessel upon private property if notice against trespass is personally communicated to the owner or operator of the vessel by the owner of the private beach or some other authorized person, or if notice is given by posting in a conspicuous manner. [Ord. 5-90 § 13]

8.40.140 Exemption to authorized emergency vessels.

The provisions of this chapter shall be applicable to the operation of any and all vessels in the waters of Jefferson County except that they shall not apply to any authorized emergency vessel responding to an emergency or in pursuit of an actual suspected violator of the law or to a vessel in distress. [Ord. 5-90 § 14]

8.40.150 Yielding right-of-way to authorized emergency vessels.

It shall be the duty of the operator of a vessel to yield the right-of-way by reducing speed and, if necessary, stopping his vessel upon the approach of an emergency vessel displaying a warning light and/or sounding a siren. Failure to so yield shall be unlawful. [Ord. 5-90 § 15]

8.40.160 Boating accident and casualty reports.

The operator of any boat involved in an accident resulting in injury or death to any person or in damage to property shall immediately stop such boat at the scene of such accident and shall give his name, address, full identification of his boat and the name and address of the owner to the operator or occupants of the boat collided with or the person struck, and shall render to any person injured in such accident reasonable assistance and shall report such accident to the nearest and most convenient law enforcement agency or office. The operator of any vessel shall complete the state required boating accident report (BAR) as required and in the manner provided by Chapter 352-70 WAC and USC Title 46, as now or hereafter amended. Reports may be obtained from the sheriff’s department. [Ord. 5-90 § 16]

8.40.170 Obedience to peace officers.

It shall be unlawful for any person to willfully fail or refuse to comply with the direction of a law enforcement officer, who is at the time discharging the duty of regulating and directing waterborne traffic. [Ord. 5-90 § 17]

8.40.180 Refusal to stop.

It shall be unlawful for any person, while operating or in charge of a vessel, to refuse or neglect to stop when signaled to stop by any law enforcement officer. [Ord. 5-90 § 18]

8.40.190 Restricted areas.

The Jefferson County board of commissioners may designate certain restricted areas for a specific purpose or activity. It shall be unlawful to operate a vessel within a restricted area; provided, that this section shall not apply to vessels engaging in or accompanying the activity to which the area is restricted. [Ord. 5-90 § 19]

8.40.200 Swimmers.

Boats shall not pass within 100 feet of shoreline areas where persons are swimming; provided, that water skiers shall be allowed to start and stop from shore. All boats shall reduce speed to a minimum when docking or landing. All swimmers more than 100 feet from shore shall be accompanied by a boat. [Ord. 5-90 § 20]

8.40.210 Diving.

A red flag with a white diagonal running from the upper left hand corner (from mast head to lower outside corner) and known as the “diver’s flag” or the International Code Flag A (or Alpha) shall be displayed on the water by any person engaged in diving to indicate the presence of a diver submerged in the immediate area. Operators of boats will exercise caution when such a flag is displayed and will not come within 300 feet of such a flag. [Ord. 5-90 § 21]

8.40.220 Water skiing.

(1) Except on safe take-offs and landings, boats with skiers under tow must keep 200 feet or more from shore. A takeoff or landing will not be considered safe unless it can be accomplished without risk to any swimmers or other boats. Skiers must be picked up by the boat before passing the 200-feet-from-shore line. When safe, the skier, but not the boat, may ski inside the 200-feet-from-shore line, but not nearer than 100 feet from shore, except when skier is in the process of landing or taking off.

(2) If a skier falls when more than 50 feet from shore or from a float, the towing boat must display a red or brilliant orange “skier down” flag and shall return at once to the downed skier giving due regard to the safety of any other skiers it may be towing.

(3) No boat shall follow behind a skier closer than 300 feet, nor cross the towing boat’s bow by less than 200 feet, nor pass alongside a skier closer than 100 feet.

(4) Any boat towing a skier must be manned by a competent observer or ski tender in addition to the operator, or be equipped with a wide-angle rear view mirror.

(5) Water skiing shall be confined to daylight hours, stopping no later than one hour after sunset until no sooner than one hour before sunrise. [Ord. 5-90 § 22]

8.40.230 Personal watercraft.

The operator of a personal watercraft shall be at least 14 years of age; however, it shall be unlawful for a person to lease, hire or rent a personal watercraft to any person who is under 16 years of age.

(1) Personal watercraft may not be operated during the period from sunset until sunrise.

(2) All personal watercraft must be equipped with an adequate muffler. It shall be unlawful to tamper with or bypass the muffler. [Ord. 5-90 § 23]

8.40.240 Personal flotation devices to be worn.

Any person operating or riding a sailboard, wind surfer, water scooter, motorized surfboard, or personal watercraft must wear at all times a personal flotation device that is approved by the United States Coast Guard. [Ord. 5-90 § 24]

8.40.250 Dumping debris.

It shall be unlawful for any person to dump or throw any oil, tires, garbage, ashes, debris, gravel, earth, rock, stone, trees, logs, roots, snags, stumps, brush, piles, lumber, containers, wood or metal scrap or other waste or refuse in or upon navigable water or upon the tidelands thereof. [Ord. 5-90 § 25]

8.40.260 Overloading and overpowering.

It shall be unlawful for any person to knowingly load or power a vessel beyond the maximum capacity specified by the manufacturer for such vessel. [Ord. 5-90 § 26]

8.40.270 Special rules – Jefferson County lakes.

For the purposes of this section the definition of the word “vessel” shall include seaplanes.

(1) It shall be unlawful to operate any vessel on the waters of any lake in Jefferson County at a rate of speed greater than 10 miles per hour.

(2) Any person violating this section shall be guilty of a misdemeanor and may be punished by a fine of up to $250.00 and/or 90 days in the county jail.

(3) Except during takeoffs or landings it shall be unlawful to taxi seaplanes on the waters of any lake in Jefferson County at a rate of speed greater than 10 miles per hour.

(4) During takeoffs or landings it shall be unlawful to operate seaplanes closer than 500 feet to water skiers, swimmers or vessels.

(5) Except in an emergency, it shall be unlawful to operate a seaplane on the waters of any lake in Jefferson County that has a straight line shore-to-shore length of less than 5,000 feet. The intent of this section is to include all lakes in Jefferson County existing at the time of adoption of the ordinance codified in this section. [Ord. 7-92; Ord. 5-90 § 27]

8.40.280 Examination of equipment.

No person shall, while operating or in charge of a vessel, refuse to permit a law enforcement officer to make an examination of any equipment of such vessel. [Ord. 5-90 § 28]

8.40.290 Penalties.

Any violation of the boating ordinance codified in this chapter is an infraction punishable by a maximum penalty and default of $1,000, unless a more specific penalty is listed. [Ord. 5-90 § 29]