Chapter 8.15 BOATING REGULATIONS

The City of Kenmore, in the exercise of its police power, assumes control and jurisdiction over all lakes, rivers and all other waters within its geographical boundaries. [Ord. 98-0035 § 1(B) (KCC 12.44.010).]

8.15.020 Definitions.

For the purpose of this chapter, the following terms shall have the meaning ascribed in this section:

A. “Anchorage” means a designated position where vessels or watercraft may anchor or moor.

B. “Aquatic event” means any organized water event of limited duration which is duly sanctioned at least seven days in advance by duly constituted authority and which is conducted according to a prearranged schedule and in which general public interest is manifested.

C. “Authorized emergency vessel” means any authorized vessel or watercraft of the City of Kenmore police department, the City of Kenmore fire department, the United States government, and State of Washington authorized patrol vessels or watercraft.

D. “Boat dealer” means any person engaged in the business of buying, selling, exchanging, offering, brokering, leasing with an option to purchase, auctioning, soliciting, or advertising the sale of new or used vessels. The term “boat dealer” shall not include:

1. Receivers, trustees, administrator, executors, guardians, or other persons appointed by or acting under a judgment or order of any court;

2. Employees of dealers who are engaged in the specific performance of their duties as such employees;

3. Any person engaged in an isolated sale of a vessel of which he is the owner.

E. “County” means the county of King.

F. “Diver’s flag” means a red flag five 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 the pole or mast). This flag shall only pertain to skin and SCUBA (self-contained underwater breathing apparatus) diving and shall supplement any nationally recognized diver’s flag or marking. Unit of measurement shall not be less than two inches.

G. “Issuing authority” means a state that has a numbering system approved by the U.S. Coast Guard or the U.S. Coast Guard where a numbering system has not been approved.

H. “Master” means the captain, skipper, pilot or any person having charge of any vessel or watercraft.

I. “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, or which cannot comply with the “Pilot Rules for Certain Inland Waters of the Atlantic and Pacific Coasts and of the Coast of the Gulf of Mexico” (C.F. 236479).

J. “Oil” means any oil or liquid, whether of animal, vegetable or mineral origin, or a mixture, compound or distillation thereof.

K. “Operator” means a person who is in control or in charge of a vessel or watercraft while it is in use.

L. “Owner” means the person who has lawful possession of a vessel or watercraft or obstruction by virtue of legal title or equitable interest therein which entitles him to such possession.

M. “Person,” when necessary, means and includes natural persons, associations, copartnerships and corporations, whether acting by themselves or by a servant, agent or employee; the singular number, when necessary, means the plural, and the masculine pronoun includes the feminine.

N. “Pier” means any pier, wharf, dock, float, gridiron or other structure to promote the convenient loading or unloading or other discharge of vessels or watercraft, or the repair thereof.

O. “Reporting authority” means the same as “Issuing authority.”

P. “Restricted area” means an area that has been marked in accordance with and as authorized by the law or regulations of the City to be used for, or closed to, certain designated purposes such as swimming, skin diving, ferry landings and aquatic events, the method of marking and designation of which shall have been made by the Kenmore police department in accordance with the provisions of this chapter.

Q. “Skin diving” means any free swimming person and/or any person who uses an artificial or mechanical means to replace his air, including self-contained underwater breathing apparatus, snorkel tube equipment and free diving gear, but shall not mean swimmers using patrolled public beaches designated as swimming areas.

R. “State” means a state of the United States, the commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the District of Columbia.

S. “State of principal use” means the state on whose water a vessel is used or to be used a majority of a calendar year.

T. “Testing course” means a course or area on waters subject to the jurisdiction of the City of Kenmore, designated in accordance with this chapter or pursuant to other applicable laws and regulations, for use in industrial development and testing of experimental and production watercraft and vessels.

U. “Towboat” means any vessel or watercraft engaged in towing or pushing another vessel or watercraft or anything other than a vessel or watercraft.

V. “Undocumented watercraft” means a boat which does not have a valid marine document as a vessel of the United States.

W. “Vessel” means any contrivance 110 feet or more in length overall, used or capable of being used as a means of transportation on water.

X. “Water ski” means all forms, manners, means or contrivances of person or persons being towed behind a motor boat.

Y. “Watercraft” means every description of watercraft 12 feet or greater but less than 110 feet in length or equipped with motor propulsion machinery of more than five horsepower, other than a seaplane, used or capable of being used as a means of transportation on water, or required to be registered by the Boat Safety Act of 1971; provided, that this definition does not include vessels under four feet in beam which have no propulsion machinery of any type; provided further, that this definition shall not include vessels used exclusively for commercial purposes. Aircraft, cribs or piles, shingle bolts, booms of logs, rafts of logs and rafts of lumber shall not be included within the terms “watercraft” or “vessel,” but shall be included within the term “obstruction” when they shall be floating loose and not under control or when under control and obstructing any navigable channel. [Ord. 98-0035 § 1(B) (KCC 12.44.020).]

8.15.030 Interpretation and application of regulations.

The provisions of this chapter shall be applicable to all vessels and watercraft. The provisions of this chapter shall be construed to supplement United States laws and State laws and regulations when not expressly inconsistent therewith. [Ord. 98-0035 § 1(B) (KCC 12.44.030).]

8.15.040 Operation of personal watercraft.

Personal watercraft as defined by RCW 88.12.010 shall for the purposes of this chapter comply with all provisions of the law as watercraft and vessels defined under KMC 8.15.020. [Ord. 98-0035 § 1(B) (KCC 12.44.035).]

8.15.050 Required distance from powercraft to swimmers and row boats.

It is unlawful for any motor-powered craft to be operated while the propeller is engaged within 50 feet of any swimmer or any row boat, canoe, or other water conveyances on any nonnavigable lake within the City of Kenmore. [Ord. 98-0035 § 1(B) (KCC 12.44.060).]

8.15.060 Speed limit specified – Lakes – Exception.

Except on lakes otherwise specifically provided for in this chapter, no motor-powered watercraft shall be operated on any lake within the City of Kenmore at a speed in excess of eight miles per hour. [Ord. 98-0035 § 1(B) (KCC 12.44.070).]

8.15.070 Speed limit specified – Rivers – Exception.

Except as otherwise specifically provided for in this chapter, no motor-powered watercraft shall be operated on any river within the City of Kenmore at a speed in excess of five miles per hour. [Ord. 98-0035 § 1(B) (KCC 12.44.080).]

8.15.080 Speed regulations within 100 yards of shore on Lake Washington.

Except as otherwise specifically provided for in this chapter it is unlawful for any person to operate any watercraft or vessel at a speed in excess of eight miles per hour within 100 yards of any shoreline, pier, restricted area or shore installation on Lake Washington. [Ord. 98-0035 § 1(B) (KCC 12.44.090).]

8.15.090 Interference with navigation.

No person shall operate any watercraft or vessel in a manner which shall unreasonably or unnecessarily interfere with other watercraft or vessels or with the free and proper navigation of the waterways of the City. Anchoring or mooring under bridges or in heavily travelled channels shall constitute such interference if unreasonable under the prevailing circumstances. [Ord. 98-0035 § 1(B) (KCC 12.44.100).]

8.15.100 Sunken vessels.

When any vessel or watercraft or obstruction has been sunk or grounded, or has been delayed in such manner as to stop or seriously interfere with or endanger navigation, the sheriff may order the same immediately removed and if the owner, or other person in charge thereof, after being so ordered does not proceed immediately with such removal, the sheriff may take immediate possession thereof and remove the same, using such methods as in his judgment will prevent unnecessary damage to such vessel or watercraft or obstruction, and the expense incurred by the sheriff in such removal shall be paid by such vessel or watercraft or obstruction, or the owner or other person in charge thereof, and in case of failure to pay the same, the City may maintain an action for the recovery thereof. [Ord. 98-0035 § 1(B) (KCC 12.44.110).]

8.15.110 Floating objects.

All vessels, watercraft, logs, piling, building material, scows, houseboats or any other article of value found adrift in City waters may be taken in charge by the sheriff and shall be subject to reclamation by the owner thereof, on payment by him to the City of any expenses incurred by the City and in case of failure to reclaim may be sold or disposed of according to law. [Ord. 98-0035 § 1(B) (KCC 12.44.120).]

8.15.120 Accidents.

The operator of any watercraft involved in an accident resulting in injury or death to any person or in damage to property shall immediately stop such watercraft at the scene of such accident and shall give his name, address, and the name and/or number of his watercraft, and the name and address of the owner, to the person struck or the operator or occupants of the vessel or watercraft collided with or property damaged, and shall render to any person injured in such accident reasonable assistance. [Ord. 98-0035 § 1(B) (KCC 12.44.150).]

8.15.130 Accident reports.

The master, owner or operator of any watercraft shall file a written report within 48 hours with the sheriff’s department or Washington State Patrol of any accident involving death or personal injury requiring medical treatment or property damage in excess of $200.00 in which such watercraft shall have been involved on waters of the City of Kenmore. [Ord. 98-0035 § 1(B) (KCC 12.44.160).]

8.15.140 Accident reports confidential, inadmissible as evidence.

All required accident reports and supplemental reports and copies thereof shall be without prejudice to the individual so reporting and shall be for the confidential use of the sheriff’s department, prosecuting attorney, or other peace and enforcement officer as provided herein, except that any such officer may disclose the identity of a person reported as involved in an accident when such identity is not otherwise known or when such person denies his presence at such accident. No such accident report or copy thereof shall be used as evidence in any trial, civil or criminal, arising out of an accident, except that any officer above named for receiving accident reports shall furnish, upon demand of any person who has, or who claims to have, made such a report, or upon demand of any court, a certificate showing that a specified accident report has or has not been made to the sheriff, solely to prove a compliance or a failure to comply with the requirement that such a report be made in the manner required by law. [Ord. 98-0035 § 1(B) (KCC 12.44.170).]

8.15.150 Overloading.

A. No watercraft shall be loaded with passengers or cargo beyond its safe carrying capacity nor carry passengers in an unsafe manner taking into consideration weather and other existing operating conditions.

B. Whenever it appears reasonably certain to any police officer that any person is operating a watercraft or vessel loaded beyond its safe capacity, said officer may take reasonable measures to prevent any such person from so operating the craft. [Ord. 98-0035 § 1(B) (KCC 12.44.180).]

8.15.160 Swimming.

Swimming in the waters of the City of Kenmore shall be confined to:

A. Restricted swimming areas; or

B. Within a distance of 50 feet from the shore, or a pier unless the swimmer is accompanied by a watercraft. [Ord. 98-0035 § 1(B) (KCC 12.44.210).]

8.15.170 Skin diving.

Skin diving shall be prohibited in the waters of the City of Kenmore:

A. Within 300 feet of any ferry slip, public boat ramp, patrolled public beach designated as a swimming area, except pursuant to permit therefor issued by the sheriff and except for commercial diving; or

B. In any other area unless the diver shall be accompanied by a watercraft or the area in which he is diving shall be marked by an adequately displayed diver’s flag. [Ord. 98-0035 § 1(B) (KCC 12.44.220).]

8.15.180 Water skiing.

Water skiing on City of Kenmore lakes and rivers shall be regulated as follows:

A. No watercraft which has in tow a person on water skis, aquaplane, surfboard or similar contrivance shall be operated or propelled in the waters of the City of Kenmore unless such watercraft is occupied by at least two competent persons.

B. It is unlawful to water ski within 100 yards of shore. Water skiers may start at and return to shore by means of the most expeditious route. For purposes of starting at and returning to shore, water skiers may temporarily exceed the speed limit of eight miles per hour.

C. No operator of a watercraft shall have in tow a person on water skis, aquaplane, surfboard or similar contrivance from sunset to sunrise.

D. All persons being towed by watercraft shall wear an adequate flotation device.

E. All watercraft having in tow or otherwise assisting a person on water skis, aquaplanes, surfboards or similar contrivance shall comply with KMC 8.15.050.

F. Regulations stated in subsections (A) and (D) of this section shall not apply to watercraft used in water ski tournaments, competitions, expositions, or trials therefor, which have been duly authorized by the Kenmore police department. [Ord. 98-0035 § 1(B) (KCC 12.44.230).]

8.15.190 Whistles and lights.

It is unlawful for the master, owner or any other person in charge of any watercraft or vessel, while lying at any pier or while navigating in the waters of the City of Kenmore, unnecessarily to cause any whistle or siren to be blown or sounded, nor shall any person flash the rays of a searchlight or other blinding light onto the bridge or into the pilothouse of any vessel or watercraft under way for any purpose other than those authorized by law. [Ord. 98-0035 § 1(B) (KCC 12.44.350).]

8.15.200 Equipment and numbering.

All watercraft or vessels shall carry the equipment required by any applicable United States laws as now or hereafter amended, and shall be numbered or designated in accordance with any applicable United States laws as now or hereafter amended. [Ord. 98-0035 § 1(B) (KCC 12.44.360).]

8.15.210 Life preservers and running lights.

Federal regulations covering equipping of boats with life preservers for each passenger, and also use of running lights for night operation, shall be strictly complied with. [Ord. 98-0035 § 1(B) (KCC 12.44.370).]

8.15.220 Races and testing.

Nothing in the provisions of this chapter shall be construed to mean that the operator of a watercraft competing in a race or regatta, or trials therefor, which has been duly authorized by the Kenmore police department, or an operator engaged in industrial development and testing of experimental and production watercraft and vessels, shall be prohibited from attempting to obtain high speeds on racing and testing courses, duly designated by the Kenmore police department, nor while so engaged, shall such watercraft, vessels or operators be required to comply with KMC 8.15.060, 8.15.070, 8.15.080, 8.15.190 and 8.15.210. [Ord. 98-0035 § 1(B) (KCC 12.44.380).]

8.15.230 Aircraft on the water.

All vessels or watercraft shall keep clear of aircraft landing within any area now or hereafter set aside by law for such purpose. Aircraft on the water shall keep clear of all vessels and watercraft and avoid impeding their navigation. [Ord. 98-0035 § 1(B) (KCC 12.44.390).]

8.15.240 Rules of the road.

Except as herein otherwise specified, vessels or watercraft shall be subject to the “Rules to Prevent Collisions of Vessels and Pilot Rules for Certain Inland Waters of the Atlantic and Pacific Coasts and of the Coast of the Gulf of Mexico” (C.F. 23679), promulgated by the United States Coast Guard, pursuant to act of Congress, as such rules are now or may hereafter from time to time be adopted; and be it further provided, that sailing vessels or other watercraft, while engaged in a sanctioned or authorized race, predicted log race, regatta or similar event shall be subject to the applicable rules for such event including, but not limited to, differing right-of-way rules. [Ord. 98-0035 § 1(B) (KCC 12.44.400).]

8.15.250 Propellers.

No master, owner or other person in charge of any vessel or watercraft shall, while the same is lying in any slip or at any pier, either cause or allow the propeller or wheel of such vessel or watercraft to be worked in such a manner as to endanger any other vessel, watercraft or structure. [Ord. 98-0035 § 1(B) (KCC 12.44.410).]

8.15.260 Unsafe piers.

Whenever any pier or gangway devoted to passenger traffic is damaged or appears to the sheriff to become unsafe so as to render the same, or any portion thereof, unsafe for life or property, the sheriff shall report the matter to the city engineer, who shall inspect the same and shall order any unsafe portion thereof barricaded with proper fencing until such time as necessary repairs thereto shall be made, and if the owner, agent or lessee of such pier shall fail to comply with the orders of the city engineer immediately, the city engineer shall prohibit the use of the unsafe portion of such pier and may erect the necessary fencing or barricade and the expense thereof shall be paid by and recoverable from the owner, agent or lessee of such pier to the City, and it shall be unlawful for any person to allow any such pier or gangway to be used or open to use. [Ord. 98-0035 § 1(B) (KCC 12.44.420).]

8.15.270 Safety devices.

Every owner, agent or lessee having charge of any commercial pier shall furnish and keep for use on such pier at least one serviceable 30-inch ring life buoy and one serviceable 30-inch ring life buoy for every 300 lineal feet of berthing space to each of which shall be attached at least 200 feet of suitable line, one end of which shall be fastened to the ring buoy. Each ring buoy and line attached thereto shall be kept in a suitable box on the pier for the use of the public in case of accident, which box shall be properly labeled and be at all times kept clear of obstructions, and it shall be unlawful to take away, molest, injure or destroy the same or either of them or to disturb the same, or either of them, except for use in saving life and property. [Ord. 98-0035 § 1(B) (KCC 12.44.430).]

8.15.280 Pier barriers.

Every owner, lessee or agent of any pier open to the public use to or from vessels or watercraft or for any other purpose shall guard the frontage of any highway by substantial and adequate fences or other barriers and shall guard the sides and face thereof in a similar manner if used as a thoroughfare to or from any vessel or watercraft. All necessary openings or passages in such fences or barriers shall be provided with substantial gates which shall be closed and securely fastened when not in use. [Ord. 98-0035 § 1(B) (KCC 12.44.440).]

8.15.290 Drifting debris.

It is unlawful for the owner, agent or lessee in charge of any pier to allow the whole, or any part thereof, to fall into or remain adrift in City waters or to drift away. Fender piles, broken or loose, shall be removed by the owner, agent or lessee of any pier and, upon failure so to do, the same may be removed by the sheriff and the expense thereof shall be paid by and recoverable from the owner, agent or lessee of such pier to the City. [Ord. 98-0035 § 1(B) (KCC 12.44.460).]

8.15.300 Oil.

No owner, master or other person in charge of any vessel or watercraft, and no engineer or other person in charge of any engine room or machinery of any vessel or watercraft, and no owner, lessee, agent, employee, or other person in charge of or employed in or about any pier, or other structure, and no person along or upon the shore of the waters of the City of Kenmore, shall spill, throw, pump or otherwise cause oil of any description to be or float upon the waters of the City of Kenmore. Any person causing oil to be upon the waters of the City of Kenmore as aforesaid shall remove the same and upon his failure so to do, the same may be removed by the sheriff and the expense thereof shall be paid by and recoverable from the person causing said oil to be upon the water. The payment of such sum or the maintenance of an action therefor shall not be deemed to exempt such person from prosecution for causing such oil spillage. [Ord. 98-0035 § 1(B) (KCC 12.44.470).]

8.15.310 Nuisances.

Sunken vessels or watercraft, refuse of all kinds, structures or pieces of any structure, dock sweepings, dead fish or parts thereof, dead animals or parts thereof, timber, logs, piles, boom sticks, lumber, boxes, empty containers and oil of any kind floating uncontrolled on the water, and all other substances or articles of a similar nature, are hereby declared to be public nuisances and it is unlawful for any person to throw or place in, or cause or permit to be thrown or placed, any of the above named articles or substances in the waters of the City of Kenmore, or upon the shores thereof or in such position that same may or can be washed into said waters of the City of Kenmore, either by high tides, storms, floods or otherwise. Any person causing or permitting said nuisances to be placed as aforesaid shall remove the same and upon his failure so to do, the same may be removed by the sheriff or city engineer and the expense thereof shall be paid by and recoverable from the person creating said nuisance. In all cases such nuisances may be abated in the manner provided by law. The abatement of any such public nuisances shall not excuse the person responsible therefor from prosecution hereunder. [Ord. 98-0035 § 1(B) (KCC 12.44.480).]

8.15.320 Public health.

All watercraft and vessels entering or in the waters of the City of Kenmore shall comply with the applicable public health laws and regulations of the United States, the State of Washington and its political subdivisions. [Ord. 98-0035 § 1(B) (KCC 12.44.490).]

8.15.330 Boat rental records.

The owner or proprietor of a boat rental or charger operation shall cause to be kept a record of the name and address of the person or persons hiring any watercraft, the identification number of such watercraft, the departure date and the time and the date and the time of the return of such watercraft. Such record shall be preserved for not less than six months after the departure date of such watercraft and shall be kept available for inspection by any duly authorized agency or authority.

Prior to departure from the premises of such boat rental or charter operation any such watercraft shall carry the equipment required by this chapter. [Ord. 98-0035 § 1(B) (KCC 12.44.500).]

8.15.340 Liability for damages.

Nothing in this chapter shall be construed so as to release any person owning or controlling any vessel, watercraft, pier, obstruction or other structure from any liability for damages, and the safeguards to life and property required in this chapter shall not be construed as relieving any person from installing and maintaining all other safeguards that may be required by law. [Ord. 98-0035 § 1(B) (KCC 12.44.510).]

8.15.350 Exemption to authorized emergency vessels and watercraft.

The provisions of this chapter shall be applicable to the operation of any and all vessels or watercraft in the waters of the City of Kenmore except that they shall not apply in the following cases:

A. 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, within the purpose for which such emergency vessel or watercraft has been authorized; 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, nor shall it protect the operator of any such emergency vessel or watercraft from the consequences of a reckless disregard for the safety of others; provided further, the provisions of this section shall in no event extend any special privilege or immunity in operation of an authorized emergency vessel or watercraft for any purpose other than for which the same has been authorized. [Ord. 98-0035 § 1(B) (KCC 12.44.520).]

8.15.360 Aiding and abetting violation.

It is unlawful to counsel, aid or abet the violation of, or failure to comply with, any of the provisions of this chapter. [Ord. 98-0035 § 1(B) (KCC 12.44.530).]

8.15.370 Directing traffic, emergency powers.

The sheriff and his deputies are hereby authorized to direct all waterborne traffic either in person or by means of visible or audible signal in conformance with the provisions of this chapter; provided, that where necessary to expedite waterborne traffic, or to prevent or eliminate congestion or to safeguard persons or property, such officers and other authorized officers of appropriate governmental agencies or authorities may direct waterborne traffic as conditions may require, notwithstanding the provisions of this chapter. [Ord. 98-0035 § 1(B) (KCC 12.44.540).]

8.15.380 Boating advisory commission.

A. There is hereby established a boating advisory commission composed of such members as may be selected by the city manager and approved by the city council.

B. The boating advisory commission shall recommend to the city council ways and means for improving boating conditions. The commission shall meet upon the call of the chairman.

C. The members shall select the chair of the commission from their membership. The sheriff shall furnish from his regular staff the necessary secretarial and support services and materials required by the commission. [Ord. 98-0035 § 1(B) (KCC 12.44.550).]

8.15.390 Appeal of denial for license, permit or authority.

If any license, permit or authority which may be granted under this chapter is denied, such denial may be appealed to the City of Kenmore by filing written notice of such appeal with the office of the city clerk within 10 days of such denial. [Ord. 98-0035 § 1(B) (KCC 12.44.560).]

8.15.400 Lake Washington restrictions.

A. No motor-powered watercraft shall be operated in excess of five miles per hour on the following portion of Lake Washington: commencing at the intersection of the centerlines of 60th Avenue Northeast and Northeast 180th Street in King County; thence south to the shoreline of Lake Washington, which shall be the true point of beginning; thence due south from such point 3,000 feet; thence in an easterly, northeasterly direction, more or less, to a point on the shoreline of Lake Washington located midway between the extensions of the centerlines of Northeast 170th Street and Northeast 165th Street, King County, Washington.

B. The provisions contained in subsection (A) of this section shall not apply to aircraft landing, taxiing, or ascending from Lake Washington. Each person operating an aircraft on the water shall, insofar as possible, keep clear of all vessels and avoid impeding their navigation.

C. Such off-site/on-site control devices as navigational buoys, speed limit signs, night lights, safety signs, and other devices as deemed appropriate shall be installed, per the provisions contained in Motion 4482 and King County Ordinance 4933. [Ord. 98-0035 § 1(B) (KCC 12.44.600).]

8.15.410 Authority of officers to board boats.

Commissioned officers of the Kenmore police department are hereby given the authority to board any vessel or watercraft found underway in the waters of the City of Kenmore for the purpose of inspection and enforcement of this chapter. [Ord. 98-0035 § 1(B) (KCC 12.44.710).]

8.15.420 Emergency rescues.

The restrictions in this chapter shall not preclude the use of boats powered by internal combustion engines for emergency rescues. [Ord. 98-0035 § 1(B) (KCC 12.44.1000).]

8.15.430 Penalty.

Any person violating any provisions of this chapter shall be guilty of an infraction and shall be penalized as set forth in Chapter 1.15 KMC. [Ord. 98-0035 § 2.]