Chapter 11.06
BOATING – NEGLIGENT, RECKLESS, UNDER THE INFLUENCE CRIMES
Sections:
11.06.010 Operation of a vessel in a negligent manner.
11.06.020 Operation of a vessel in a reckless manner.
11.06.030 Operation of watercraft – Under the influence.
11.06.040 Crime – Permit operation – Incapacitated persons.
11.06.050 Officer – Prevention of further operation under the influence.
11.06.060 Aiding and abetting.
11.06.010 Operation of a vessel in a negligent manner.
A person shall not operate a vessel, including a personal watercraft, 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 lake or 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. A violation of this section is an infraction, except that it is a misdemeanor for any person to commit a violation of this section if, during a period of 365 days, the person has previously committed two infractions for violating this section and the third violation also occurs during this 365-day period. (Ord. 709 § 5, 1997; Ord. 606 § 9, 1994)
11.06.020 Operation of a vessel in a reckless manner.
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 and wanton disregard for the safety of persons or property. A violation of this section is a misdemeanor. (Ord. 709 § 6, 1997; Ord. 606 § 10, 1994)
11.06.030 Operation of watercraft – Under the influence.
A. A person is guilty of operating a vessel or watercraft while under the influence of intoxicating liquor or any drug if the person operates a vessel or watercraft within the city:
1. And the person has, within two hours after operating a vessel or watercraft, an alcohol concentration of 0.10 or higher as shown by analysis of the person’s breath or blood made under the provisions of RCW 46.61.506, which have been adopted by reference elsewhere in this code; or
2. While the person is under the influence of or affected by intoxicating liquor or any drug; or
3. While the person is under the combined influence of or affected by intoxicating liquor and any drug.
B. Analyses of blood or breath samples obtained in accordance with the provisions of this section more than two hours after the alleged operation of a vessel or watercraft may be used as evidence that, within two hours of the alleged operation of a vessel or watercraft, a person had an alcohol concentration of 0.10 or more in violation of subsection (A)(1) of this section. In any case in which the analysis shows an alcohol concentration above 0.10, the analysis may be used as evidence that a person was under the influence of or affected by intoxicating liquor or any drug in violation of subsections (A)(2) and (A)(3) of this section.
C. The fact that any person charged with a violation of this section is or has been entitled to use such drug under the laws of this state shall not constitute a defense against any charge of violating this section.
D. A person cited under this section may, upon request, be given a breath test for breath alcohol or may request to have a blood sample taken for blood alcohol analysis.
E. An arresting officer shall administer field sobriety tests when circumstances permit.
F. For the purposes of this section, “vessel or watercraft operator” means a person who is in actual physical control of a vessel or watercraft. (RCW 88.12.100) (Ord. 606 § 11, 1994)
11.06.040 Crime – Permit operation – Incapacitated persons.
A. It is unlawful for the owner of any vessel or watercraft or any person having such in charge or in control to authorize or knowingly permit the same to be operated by any person who is under the influence of intoxicating liquor, narcotic or habit-forming drugs. (KCC 12.14.130(B))
B. It is unlawful for the owner of any vessel or watercraft or any person having such in charge or in control to authorize or knowingly permit the same to be operated by any person who by reason of physical or mental disability is incapable of operating such vessel or watercraft under the prevailing circumstances. (KCC 12.14.140) (Ord. 606 § 12, 1994)
11.06.050 Officer – Prevention of further operation under the influence.
Whenever it appears reasonably certain to any police officer that any person under the influence of, or affected by the use of, intoxicating liquor or of any narcotic drug is about to operate a watercraft or vessel in violation of this chapter, said officer may take reasonable measures to prevent any such person from so doing. (KCC 12.14.130C) (Ord. 606 § 13, 1994)
11.06.060 Aiding and abetting.
It is unlawful to counsel, aid or abet the violation of, or failure to comply with any of the provisions of this title. The penalty for a person that counsels, aids or abets another in the commission of a violation of this title that is an infraction shall also be an infraction. The penalty for a person that counsels, aids or abets another in the commission of a violation of this title that is a misdemeanor or gross misdemeanor shall be a misdemeanor. (Ord. 709 § 7, 1997; Ord. 606 § 14, 1994)