Chapter 10.20
OPERATION OF WATERCRAFT
Sections:
10.20.010 Boat Launching Prohibited at Public Beach
10.20.020 Vessel Operators – Age Restrictions
10.20.030 Vessel Operators -- Minimum Crew
10.20.050 Speed -- General Regulations
10.20.060 Speed -- Hours of Darkness
10.20.080 Speed Regulations -- Special Circumstances
10.20.090 Motorboats -- Right-of-Way
10.20.100 Vessel operation -- Overloading
10.20.110 Yielding Right-of-Way to Authorized Emergency Vessels
10.20.140 Interference with Navigation -- Disturbing Other Boats
10.20.145 Public Nuisance Noises Emanating from Watercraft
10.20.150 Intoxication -- Impounding
10.20.160 Incapacity of Operator
10.20.180 Violation and Penalties
10.20.010 Boat Launching Prohibited at Public Beach.
It shall be unlawful for any motor driven vessel to be launched, operated or retrieved from the water at a public beach. (Ord. 1157, Sec. 1, 2023)
10.20.020 Vessel Operators - Age Restrictions.
(a) No person under the age of 14 years shall operate any motor boat powered by an engine of 10 horsepower or more unless such person is accompanied by a person who is over the age of 16 years.
(b) No person owning or in charge of any motor boat powered by an engine of ten horsepower or more shall permit any person under the age of 14 years to operate such a motor boat unless the underage child is accompanied by a person who is over the age of 16 years. (Ord. 1157, Sec. 1, 2023)
10.20.030 Vessel Operators -- Minimum Crew.
(a) Every vessel towing water skiers, other similar devices attached to or towed by a vessel either stationary or moving requiring propulsion shall carry an observer in addition to the operator. Such observer shall be a minimum of 10 years of age, and shall have the duty of keeping a lookout for hazards to, or created by, the tow and of reporting same to the operator.
(b) All persons in motorboats traveling in excess of eight miles per hour shall remain seated, unless such vessel is specifically designed for persons to not be seated while underway. (Ord. 1157, Sec. 1, 2023; Ord. 1042, Sec. 2, 2018)
10.20.040 Rules of the Road.
Except as otherwise specified in this title, vessels shall be subject to the “Navigation Rules, International -- Inland, CG 169, May 1, 1977” promulgated by the United States Coast Guard pursuant to Act of Congress, as such rules are now or hereafter be amended or updated; and provided further 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. 1157, Sec. 1, 2023)
10.20.050 Speed -- General Regulations.
(a) No person shall operate any vessel in other than a careful and prudent manner or at a rate of speed greater than is reasonable and proper under the conditions existing at the time and point of operation, taking into account the condition of the water, amount and character of traffic and congestion, weather, size and configuration of the lake, freedom from obstruction to view around or other circumstances so as not to unduly or unreasonably endanger the life, limb, property, or other rights of any person.
(b) Operating a watercraft in excess of the posted speed limit shall be prima facie evidence of reckless operation of a watercraft. (Ord. 1157, Sec. 1, 2023)
10.20.060 Speed -- Hours of Darkness.
It shall be unlawful for any person to operate any vessel at a speed greater than eight miles per hour during hours of darkness. (Ord. 1157, Sec. 1, 2023)
10.20.070 Speed.
It shall be unlawful for any person to operate a motorboat at a speed greater than 35 miles per hour. (Ord. 1157, Sec. 1, 2023; Ord. 1042, Sec. 2, 2018)
10.20.080 Speed Regulations -- Special Circumstances.
(a) Unless conditions of the water, traffic and congestion, weather, size and configuration of the Lake cover area, freedom from obstruction to view, or other circumstances demand greater distance and/or slower speed, no person shall operate any vessel:
(1) At a speed greater than idling speed or eight miles per hour, whichever is the lesser, within 100 feet of any swimmer, skin and/or scuba diver’s flag or artificially illuminated marker buoy, other vessel, floating objects, except the waterward side of jumps and slalom marker buoys or water skier or other person being towed by or attached to a vessel, except when being towed by said vessel;
(2) In any water area designated as a public “swimming only” area, or as a “vessel prohibited” area, except this provision does not apply to vessels actually used in the rescue of persons in distress;
(3) At a speed greater than idling speed or eight miles per hour, whichever is the lesser, within 100 feet of any shoreline, float, or wharf, or between the shoreline and the safety buoy and/or safety buoy line except as provided in subsection (b) of this section.
(b) For the purpose of launching and returning any water skier or other person being towed by or attached to a vessel and only for such purpose, any vessel towing said person(s) may be operated within 100 feet of any shoreline, float, or wharf, or in the water area of the lake between the shoreline and a safety buoy and/or safety buoy line; provided, that:
(1) While launching or returning, said vessel moves at a speed not greater than 35 miles per hour;
(2) While moving outward away from the shoreline, float or wharf, said vessel shall leave the shoreline at an angle of not less than 45 degrees nor more than 60 degrees with the shoreline on the starboard side of said vessel;
(3) While moving inward toward the shoreline, float or wharf, said vessel shall approach the shoreline at an angle of not less than 45 degrees nor more than 60 degrees with the shoreline on the starboard side of said vessel;
(4) That after any returning water skier or other person being towed releases the tow rope of said vessel, said vessel shall move at a speed not greater than idling speed or eight miles per hour, whichever is the less;
(5) That no launching or returning person(s) being towed shall be allowed from a dock or shoreline without the owner’s prior permission;
(6) That no launching or returning person(s) being towed shall be allowed within 100 feet of a designated swimming area or swimmer, wader or scuba diver; and
Provided, further, that if water ski launch floats or jumps be provided for the launching or use of water skiers, the City Council may regulate use operations to and from such floats or jumps.
Provided, further, that nothing herein shall require the City of Lake Stevens to install, mark or maintain such floats or jumps. (Ord. 1157, Sec. 1, 2023; Ord. 1042, Sec. 2, 2018)
10.20.090 Motorboats - Right-of-Way.
Every motorboat shall at all times yield right-of-way to sailboats, rowboats, water skiers, swimmers and divers. Every motorboat shall yield to other motorboats in accordance with the “Inland Steering and Sailing Rules” promulgated by the United States Coast Guard. (Ord. 1157, Sec. 1, 2023)
10.20.100 Vessel Operation -- Overloading.
No person shall operate, or being owner or in charge shall authorize any person to operate, any vessel loaded with passengers or cargo which exceeds the particular vessel’s maximum safe loading capacity. In addition to penalties which are provided for the unlawful operation of such vessels, the officer may require that any such overloaded vessel immediately put to shore to lighten its load.
The maximum safe loading capacity of any vessel shall be determined by the officer, taking into consideration the size, configuration, construction, type and condition of the particular vessel; provided, that where the manufacturer of any vessel has specified the maximum safe loading capacity for the particular vessel, such specified maximum shall be considered the maximum safe loading capacity of the particular vessel for the purposes of this title.
Provided, further, that in the absence of capacity plates, the following formula may be considered:
(a) First, a check of the number of persons.
|
LxB |
= |
_____ number of persons |
|
15 |
L = Overall length
B = Maximum width (both dimensions in feet and tenths of a foot). The result taken to the nearest whole number gives the number of persons that can be put aboard without crowding in good weather conditions.
(b) Second, the weight-carrying capacity shall be ascertained by determining the allowable weight in pounds from the expression:
7.5xLxBxDe = pounds for persons, engine, fuel and equipment
L = Overall length
B = Maximum width
De = Minimum effective depth of the boat. Measure “De” at the lowest point that water can enter. This takes account of low transom cutouts or credits an acceptable engine well. All dimensions are in feet and tenths of a foot.
The weather and water conditions shall also be taken into account. If the water is rough, the number of persons carried shall be reduced. (Ord. 1157, Sec. 1, 2023)
10.20.110 Yielding Right-of-Way to Authorized Emergency Vessels.
It shall be the duty of the master, owner or operator of a vessel or watercraft to reduce speed and if necessary stop their vessel or watercraft, at the same time yielding right-of-way as otherwise specified in this title, upon the approach of an authorized emergency vessel or watercraft displaying an emergency light and/or sounding a siren and while actually responding to an emergency or in immediate pursuit of any violator of the law. (Ord. 1157, Sec. 1, 2023)
10.20.120 Aircraft.
(a) All vessels or watercraft shall keep clear of seaplanes landing within any area now or hereafter set aside by law for such purpose.
(b) All aircraft must comply with the Civil Air Regulations (14 CFR 91.69) as now enacted or hereafter amended, which govern seaplanes upon the navigable water of the United States, and conform with the Inland Rules of CG-169 applicable to vessels. (Ord. 1157, Sec. 1, 2023)
10.20.130 Inattention.
It is unlawful for any operator of a watercraft, vessel or personal watercraft to operate such craft in an inattentive manner. For the purpose of this section “inattentive” means operation of the watercraft or vessel in a lax or slack manner. (Ord. 1157, Sec. 1, 2023)
10.20.140 Interference with Navigation --Disturbing Other Boats.
(a) 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 in the waters of the City.
(b) No person shall operate any watercraft in such a manner as to unjustifiably or unnecessarily annoy, frighten or endanger the occupants of any other watercraft, or throw up a dangerous wake when approaching another watercraft or other property. (Ord. 1157, Sec. 1, 2023)
10.20.145 Public Nuisance Noises Emanating from Watercraft.
(a) Watercraft Noise. The use or operation of any audio system such as radio, tape player, disc player, portable media players, docking stations, or any other electronic sound reproduction device located on or within a watercraft being operated or moored on any public waterways or place accessible to the public, in such manner as to disturb the peace, and reasonable comfort and repose of persons, in their homes, businesses, owners or possessors of real property on the waterway or public use area of the waterway is prohibited.
(b) The operation of such audio system, such as radio, tape player, disc player, portable media player, docking stations or any other electronic sound reproduction device, from a watercraft in such a manner to be audible to those outside the watercraft at a distance of 100 feet or more from the source, as best that point can be estimated without the use of any distance-measuring device, regardless of the time of day, shall be prima facie evidence of a violation of this section.
(c) And provided further, that vessels or watercraft participating in a City-sponsored or permitted event in which watercraft participation is a planned element of the event shall not be in violation of this section.
(d) Violation and Penalty.
(1) Failure to comply with any provision of this chapter or violation of any provision of this chapter is a civil infraction for first and second offenses occurring within a 365-day period. For the first and second offense the fee for such violation shall be set equivalent to the basic rule violation as set forth in the Justice Information System (JIS) Law Table as published by the Administrative Office of the Courts.
(2) Third or subsequent offenses of this chapter within a 365-day period shall either be a misdemeanor subject to a jail term of not more than 90 days, a fine of not more than $1,000, or both such fine and imprisonment.
(3) Failure to comply with any provision of this chapter may also be subject to enforcement pursuant to Title 17. (Ord. 1157, Sec. 1, 2023; Ord. 881, Sec. 6, 2013)
10.20.150 Intoxication -- Impounding.
(a) Operating a motorcraft while under the influence. See Section 10.04.090.
(b) Permitting Operation. 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 or any drug as defined in RCW 88.12.025.
(c) Whenever it appears reasonably necessary to protect property, an arresting officer may impound a watercraft or vessel when it cannot be otherwise secured or released. The arresting officer, in lieu of impound, may release the watercraft to a person who, in the officer’s opinion, can safely operate the watercraft or vessel or secure said watercraft or vessel to a moorage facility when same has been approved for such purpose. The owner or operator of the watercraft or vessel must sign a waiver of impound to allow the arresting officer an option other than impounding the watercraft or vessel. (Ord. 1157, Sec. 1, 2023)
10.20.160 Incapacity of Operator.
No owner or person in charge of a watercraft or vessel shall authorize or knowingly permit the same to be operated by any person who is physically or mentally incapable of operating the vessel or watercraft in a safe manner under the prevailing circumstances. (Ord. 1157, Sec. 1, 2023)
10.20.170 License Required.
(a) All vessels and watercraft operated or moored on the waters of the City or in the cove must be properly licensed and/or registered in accordance with applicable Federal, State, county and local law or regulations. Vessels and watercraft required to be licensed and/or registered shall display appropriate decals and numbers showing such licensing and/or registration in accordance with WAC 308-93-140 and 308-93-145.
(b) All vessels and watercraft required to be licensed and/or registered shall carry such certificate of license or registration in the vessel or watercraft and shall present same to any Federal, State, county or local law enforcement officer upon request. (Ord. 1157, Sec. 1, 2023)
10.20.180 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, “Uniform Enforcement Code,” including civil enforcement penalties in Chapter 17.60 and criminal penalties in Chapter 17.90. (Ord. 1157, Sec. 1, 2023)