Chapter 10.16
SWIMMING, DIVING AND WATERSKIING RECREATION
Sections:
10.16.010 Operational Regulations for Waterskiing or Other Devices
10.16.015 Towing Skiers or Other Devices
10.16.030 Restrictions on Hours of Operation of Vessels
10.16.040 Water Users - Swimmers
10.16.050 Water Users - Divers
10.16.070 Private Buoys or Markers
10.16.080 Violation and Penalties
10.16.010 Operational Regulations for Waterskiing or Other Devices.
Due to the speed required for waterskiing and other recreational devices where a person or persons is being towed by or is attached to or using a vessel for propulsion including but not limited to tubing, knee boarding, wake boarding, etc., and the large area of the lake required for maneuvering vessels and person(s) being towed and the substantial interference with other water users, or danger of impact and wake damage presented to other water users and health hazards, the operation of vessels for towing water skiers and other devices is allowed only during daylight hours.
Unless conditions of the water, traffic congestion, weather, freedom from obstruction or view, or other circumstances demand greater distance, it shall be unlawful for any persons to waterski or use other devices:
(a) Within 100 feet of any swimmer, bather, skin and/or SCUBA diver’s flag or artificially illuminated marker buoys, other vessels, except for the towing vessel, floating objects except the waterward side of safety zone markers, jumps and slalom marker buoys, or other water persons being towed except those persons being towed by the same vessel;
(b) Between the shoreline and a City-designated safety buoy and/or safety buoy line except for launching and returning any persons being towed by a vessel approach within 100 feet of any shoreline, float or wharf, provided:
(1) While moving outward from any shoreline, float or wharf, said person(s) being towed by a vessel shall leave the shoreline at an angle of not less than 45 degrees nor more than 60 degrees with the shoreline on the right-hand side of the person(s) being towed by a vessel;
(2) While moving inward toward the shoreline, said person(s) being towed by a vessel shall approach the shoreline at an angle of not less than 45 degrees nor more than 60 degrees with the shoreline on the right-hand side of the water skier;
(3) That no launching or returning persons being towed by a vessel shall be allowed from a dock or shoreline without the owner’s permission;
(4) That no launching or returning persons being towed by a vessel shall be allowed within 100 feet of a designated public swimming area, swimmer or wader;
(5) This provision does not create an additional 100 feet buffer area waterward of a safety buoy or marker. (Ord. 1157, Sec. 1, 2023; Ord. 1042, Sec. 2, 2018; Ord. 881, Sec. 5, 2013)
10.16.015 Towing Skiers or Other Devices.
If towing a person on water skis or other devices, the vessel must be rated to carry at least the number of persons on board plus those being towed. You may not exceed the vessel’s safe carrying capacity. (Ord. 1157, Sec. 1, 2023; Ord. 1042, Sec. 2, 2018; Ord. 881, Sec. 5, 2013)
10.16.020 Boat Direction.
Any motor driven vessel or personal watercraft on the lake shall operate in a counterclockwise direction. No person(s) may be towed or use a vessel for propulsion except in a counterclockwise direction. (Ord. 1157, Sec. 1, 2023; Ord. 1042, Sec. 2, 2018; Ord. 881, Sec. 5, 2013; Ord. 453, 1994)
10.16.030 Restrictions on Hours of Operation of Vessels.
(a) Except as allowed in subsection (b) of this section, it shall be unlawful to operate any motor driven vessel or personal watercraft in excess of eight miles per hour, or such speed as to create a wake, whichever is less, within the cove area of Lake Stevens after 1:00 p.m. local time.
(b) The following shall be exempt from the prohibitions of subsection (a) of this section:
(1) Vessels used in conjunction with a special event for which a special event permit has been issued and which specifically allows faster speeds.
(2) Emergency response vessels. (Ord. 1157, Sec. 1, 2023; Ord. 881, Sec. 5, 2013; Ord. 529, 1996; Ord. 453, 1994)
10.16.040 Water Users - Swimmers.
(a) Where waterskiing or other devices are permitted, the swimming, bathing and floating restricted area is any area more than 100 feet out into the lake from any shoreline when the operation of such waterskiing or similar activity is authorized.
(b) Where waterskiing or similar activities are permitted, swimming, bathing and floating are permitted at distances greater than 100 feet from the shoreline if the swimmer is accompanied by and within 50 feet of said vessel and a skier-down flag is displayed on the vessel.
(c) Nude Sunbathing Prohibited - See Section 9.16.100. (Ord. 1157, Sec. 1, 2023; Ord. 1042, Sec. 2, 2018; Ord. 881, Sec. 5, 2013)
10.16.050 Water Users - Divers.
All persons engaging in diving shall mark the water areas where such operations are being conducted. Where such operations are being conducted during daylight hours, the water areas shall be marked with one or more diver’s flags. Where such operations are conducted during the hours of darkness, the water area shall be marked with one or more artificially illuminated marker buoys of sufficient size and illumination to be visible at a distance of not less than 100 yards. No person shall display such markers except during the time and in the water areas where diving operations are actually being conducted. (Ord. 1157, Sec. 1, 2023; Ord. 881, Sec. 5, 2013)
10.16.060 Swimming and Diving Prohibited Areas.
Repealed by Ord. 881.
10.16.070 Private Buoys or Markers.
(a) It shall be unlawful for any person or nongovernmental agency to place any buoy or marker or other floating object within the jurisdiction of Lake Stevens, except as provided by this section.
(b) Residential property owners, on Lake Stevens, with no dock may place a mooring buoy as near to the shore as practical and at least 10 feet from the property lines extended into the lake consistent with the Shoreline Master Program, Uniform Waterway Marking System (Chapter 352-66 WAC) and RCW 79.105.430. A second buoy to help secure moorage to the first buoy is allowed. A separate private buoy or marker permit is required from the City. The buoys are also required to be authorized by the Washington State Department of Natural Resources and the authorization number placed on the buoy.
(c) Waterskiing or similar activities which require the placement of buoys, jumps or floats will only be allowed when such fixtures are placed and maintained in accordance both with a valid and current aquatic lands use permit or lease where such permits or leases are required by the Washington State Department of Natural Resources; valid and current HPA, or exemption, issued by the Department of Fish and Wildlife; and a private buoy or marker permit issued by the City of Lake Stevens. The City of Lake Stevens shall have no responsibility to establish or maintain such buoys, jumps or floats for waterskiing activities.
(d) Use of temporary buoys, markers, jumps or floats for activities associated with a special event requiring a special event permit from the City do not require a separate private buoy or marker permit. However, the event sponsor shall contact the Department of Fish and Wildlife early in the review process to determine if an HPA is required for placement and use of the temporary facilities.
(e) The Director in consultation with the Chief of Police is hereby authorized to issue permits for private buoys or markers. The permit fee for such buoys or markers shall be set by the City Council by resolution. In deciding whether or not to issue such a permit the Director and Chief of Police shall consider the purpose and the location of the proposed buoys or markers, the proximity of the proposed buoys or markers to the shoreline, adjacent property, other buoys and markers, traffic congestion hazards to navigation, regulations in the Shoreline Master Program, and any other issue bearing on public safety and health. A denial of a permit application shall be done in writing setting forth the factors which the Director and Chief of Police considered and the reasons for the denial.
(f) In the event the Director and Chief of Police deny an application the proponent can appeal the decision pursuant to Chapter 14.16A.
(g) When found to be in violation of this chapter, pursuant to Title 17, no person shall fail to remove or refuse to remove any obstruction or buoy after being requested to do so by any police officer or code enforcement officer. (Ord. 1157, Sec. 1, 2023; Ord. 1042, Sec. 2, 2018; Ord. 881, Sec. 5, 2013)
10.16.080 Violation and Penalties.
Failure to comply with any provision of this chapter or violation of any provision of this chapter is subject to enforcement under Title 17 of this code, “Uniform Enforcement Code,” including civil enforcement penalties in Chapter 17.60 and criminal penalties in Chapter 17.90. (Ord. 1157, Sec. 1, 2023; Ord. 881, Sec. 5, 2013)