Chapter 8.17
REQUIRED WEARING OF PERSONAL FLOTATION DEVICES
Sections:
8.17.030 Wearing of personal flotation devices.
8.17.050 Enforcement and penalties.
8.17.010 Purpose.
The purpose of this chapter is to promote safety during the operation of human-powered watercraft in order to protect the health and safety of the public and prevent tragic boating incidents. [Ord. 23-0573 § 1 (Exh. 1).]
8.17.020 Definitions.
As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings:
A. “Human-powered watercraft” means any vessel used or capable of being used as a means of transportation on water that is operated without a motor, including but not limited to: sailboats (under 20 feet in length), sailboards, paddleboards, water cycles, canoes, kayaks, paddle boats, rowboats and rowing shells.
B. “Personal flotation device” means a wearable Type I, Type II, Type III, or Type V buoyancy device approved by the U.S. Coast Guard and used in accordance with its label. Throwable Type IV PFDs are not acceptable as wearable flotation devices in accordance with Coast Guard regulations and for purposes of compliance with this chapter. The device must be in serviceable condition and of an appropriate size for the user.
C. “User of a human-powered watercraft” means the operator of any human-powered watercraft and any passengers on such watercraft. [Ord. 23-0573 § 1 (Exh. 1).]
8.17.030 Wearing of personal flotation devices.
All users of human-powered watercraft shall wear a properly sized and fitted U.S. Coast Guard-approved Type I, Type II, Type III, or Type V personal flotation device when on the water; provided, inflatable PFDs of any type may not be worn by any user of a human-powered watercraft who is under the age of 16 years. [Ord. 23-0573 § 1 (Exh. 1).]
8.17.040 Exceptions.
The user of a human-powered watercraft shall be exempt from the provisions of this chapter under the following conditions:
A. The user of a human-powered watercraft is a participant in training activities, such as rowing practice, where a coach or instructor is present in a nearby motorized watercraft to supervise the use of the human-powered watercraft and to provide aid or conduct a rescue in the event of an accident or other emergency;
B. The user of a human-powered watercraft is a participant in a sanctioned event, such as a race, where the user of a human-powered watercraft is being supervised by occupants of a motorized vessel or chase boat that is nearby and able to provide aid or conduct a rescue in the event of an accident or other emergency; or
C. The user of a human-powered watercraft is operating the craft in a designated swimming area that is clearly delineated. [Ord. 23-0573 § 1 (Exh. 1).]
8.17.050 Enforcement and penalties.
The first violation of this chapter shall result in educational outreach and a warning for the user or users of the human-powered watercraft. Penalties for subsequent offenses may be enforced as a civil infraction as provided below:
A. A second offense may incur a fine of $50.00; and
B. For all subsequent violations within six months of the last violation, a fine of $100.00 may be enforced.
C. When a child under 16 years of age is a passenger or user of a human-powered watercraft and is in violation of this chapter, the adult user present with the child may be issued a fine in accord with subsections A and B of this section for violations of the child. [Ord. 23-0573 § 1 (Exh. 1).]