Chapter 10.20 WATER SAFETY AND VESSEL OPERATION

(2) This chapter shall be construed to supplement the laws of the United States and the laws of Washington when not expressly inconsistent therewith. LCC 10.20.060, 10.20.070, 10.20.080 (1)(a), 10.20.100, 10.20.110 and 10.20.240 are inapplicable to those lakes or ponds in Lewis County that do not have access by a public road and that are wholly owned by a single ownership where the owner is a natural person or marital community. [Ord. 1157, 1998; Ord. 1115 § 1, 1991]

10.20.020 Rules of the road, and vessel operation and equipment regulations.

Except as herein otherwise specified, vessels 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 the Coast of the Gulf of Mexico”, promulgated by the United States Coast Guard, pursuant to Act of Congress, and all vessel operation and equipment regulations under Title 88 RCW and Ch.s 352-60 & -70 WAC, as such rules are now or may hereafter from time to time be adopted or amended, and be it further provided that sailing vessels or other vessels, 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, 1998; Ord. 1115 § 2, 1991]

10.20.030 Definitions.

As used in this title, unless the context of subject matter clearly required otherwise, the following words or phrases shall have the meanings and definitions as set forth in the above-noted statutes and regulations; EXCEPT, “Waters of Lewis County” means all unincorporated water within the geographical boundaries of the county. [Ord. 1157, 1998; Ord. 1115 § 3, 1991]

10.20.040 Authority.

(1) The county of Lewis in the exercise of its police powers, assumes control and jurisdiction over all lakes, rivers, and all water within unincorporated areas inside its geographical boundaries.

(2) The Lewis County sheriff’s office is hereby given the authority to board any vessel operating in the waters of Lewis County for the purpose of inspection and enforcement of the ordinances and laws of the state of Washington. [Ord. 1157, 1998; Ord. 1115 § 10, 1991]

Article II. Operation Regulations

10.20.050 Speed and manner of operation.

(1) A vessel shall be operated in a careful and prudent manner and at a speed no greater than is reasonable and proper under the conditions at the time and place of operation, taking into account the amount and character of traffic, size of the waters, freedom from obstruction to view ahead, and so as not to unreasonably endanger person or property or other rights of any person entitled to the use of such waters.

(2) The operator of any vessel shall be responsible for his wake and any damage or injuries caused by a wake from his or her boat. [Ord. 1157, 1998; Ord. 1115 § 11, 1991]

10.20.060 Speed limits.

It shall be unlawful to operate a vessel at a rate of speed greater than will permit the operator in the exercise of reasonable care to bring the vessel to a stop within the assured clear distance ahead; provided, however, it shall be unlawful to operate vessel in excess of eight mph or at a speed which produces a damaging wake, within 200 feet of any shore, dock, or public swimming area, or within 100 feet of any other vessel or swimmers; provided, further that it shall be unlawful to operate vessels in excess of eight mph one hour after sunset until one hour before sunrise. [Ord. 1157, 1998; Ord. 1115 § 12, 1991]

10.20.070 Taking off and landing of water skiers.

For vessels engaged in taking off and landing water skiers, the following shall apply in place of LCC 10.20.060:

(1) Taking off shall be done perpendicular or as near to perpendicular to shore, dock, or other launching facilities, whichever shall permit the vessel and skier, if any, safe passage to open water; provided that at no time shall the taking-off angle be less than a 45-degree angle to shore, dock, or launching facility.

(2) Landing of vessels and skiers shall be done at not less than a 45-degree angle to the shore, dock, or other landing facilities.

(3) At no time shall taking off or landing of a water skier give the towing vessel special privileges over any other vessel, under the rules of the road, and at no time shall such acts of skiing cause undue risk to persons or property. [Ord. 1157, 1998; Ord. 1115 § 13, 1991]

10.20.080 Operation of vessel in a reckless manner.

(1) It shall be unlawful to operate any vessel in a reckless manner upon any waters within Lewis County. For the purpose of this article, “to operate in a reckless manner” means the operation of a vessel upon waters within Lewis County in such a manner as to endanger or be likely to endanger any persons or properties. Actions that constitute prima facie evidence of reckless operation are:

(a) Operating within 100 feet of shore unless taking off or landing as provided for in LCC 10.20.070;

(b) Loading vessel beyond safe operating ability;

(d) Unsafe water skiing practices;

(e) Operating in clearly dangerous areas;

(f) Operating without proper navigation lights at night;

(g) Bow, seat back, gunwale or transom riding when operating in excess of eight miles an hour unless seating is specifically designed for that location;

(h) Continued use or refusal to terminate use of boat after being ordered to correct an especially hazardous condition by a law enforcement officer. [Ord. 1157, 1998; Ord. 1115 § 14, 1991]

10.20.090 Hazardous conditions.

(1) If a law enforcement officer observes any unsafe condition and determines that an “especially hazardous condition” exists, he may direct the operator to take immediate steps to correct the condition, including returning and mooring.

(2) Unsafe conditions or hazardous conditions shall include but not be limited to the following:

(a) Insufficient lifesaving devices (PFD);

(b) Insufficient firefighting devices;

(d) Improper navigation light display;

(e) Fuel leakage;

(f) Fuel in bilges;

(g) Improper ventilation;

(h) Improper backfire flame control. [Ord. 1157, 1998; Ord. 1115 § 15, 1991]

10.20.100 Designated areas.

It shall be unlawful to operate a vessel within 100 feet of any shoreline or public or private bathing or swimming area, which is marked by buoys or some other distinguishing device. [Ord. 1157, 1998; Ord. 1115 § 16, 1991]

10.20.110 Direction of travel.

Except as provided for in LCC 10.20.070, all vessels shall keep the closest shore on the operator’s starboard or right-hand side at all times. [Ord. 1157, 1998; Ord. 1115 § 17, 1991]

10.20.120 Water skiers.

It shall be unlawful to operate a vessel towing a person on water skis, aqua plane or surfboard, inner tube or other similar device unless the following conditions are strictly followed:

(1) Said vessel shall be manned by a competent operator (meeting the qualifications contained in LCC 10.20.150) who must be attentive to the duties of operating a vessel;

(2) Said vessel shall be manned by competent skier/observer who must be facing the skier at all times. The observer must be at least 10 years of age. The observer and operator shall not be the same person. The observer shall continuously observe the person or persons being towed and shall display a flag immediately after the towed person or persons fall into the water, and during the time preparatory to skiing while the person or persons are still in the water. Such flag shall be a bright red or brilliant orange in color, measuring 12 inches on each side, mounted on a handle not less than 24 inches long and displayed as to be visible from every direction;

(3) Except for continuous display of a flag, as described above, the provisions of subsection (2) above shall not apply in the case of a vessel that is so constructed as to be unable to carry the operator or any other person in or on the same and is actually operated by the person or persons being towed and is equipped with an automatic engine shut-off device which will cause the engine to stop instantly when the skier is disengaged from the control handles of said vessel;

(4) It shall be unlawful to water ski from one hour after sunset to one hour prior to sunrise;

(5) No person shall engage or attempt to engage in water skiing without wearing an adequate and effective personal flotation device. The personal flotation device must be in good and serviceable condition and of an appropriate size or a wet suit specifically designed by a manufacturer for that purpose and capable of floating the water skier;

(6) No vessel shall follow behind a vessel towing a person on water skis closer than 300 feet or cross to the bow of a towing boat closer than 200 feet or pass alongside a towing boat closer than 100 feet. A vessel towing a skier is not a privileged boat and must conform to the rules of the road. It shall be unlawful to engage in the act of water skiing within 200 feet in front of any dock used for fueling any vessel or within 200 feet of any dock or designated swimming area at a public park or private designated swimming area. This chapter shall apply to the taking off and landing of a water skier in any of the above designated areas. [Ord. 1157, 1998; Ord. 1115 § 18, 1991]

10.20.130 Personal watercraft operation.

(1) No person shall operate a personal watercraft on the waters of Lewis County during the period from one hour after sunset to one hour prior to sunrise. [Ord. 1157, 1998; Ord. 1115 § 19, 1991]

10.20.140 Testing.

(1) A helmet and a racing flotation jacket must be worn by the driver, and by the mechanic if the craft is designed to carry a mechanic. Testing may be done on specific waters at specific times only.

(2) Vessels testing under the provisions specified herein shall maintain a distance of 400 feet from the shore or another vessel while speed is in excess of eight mph. A vessel testing for a race must follow the rules of the road and general rules herein.

(3) No unauthorized person shall operate a vessel or swim, or skin dive, within a testing course during permitted testing operations while an authorized vessel is in the testing course. [Ord. 1157, 1998; Ord. 1115 § 21, 1991]

10.20.150 Legal age of operation for other than personal watercraft.

(1) For other than personal watercraft, which requires an operator of 14 or more years of age, it shall be unlawful for any person 13 or less years of age to operate any vessel powered by a motor or motors, except that a person 13 or less years of age can operate a any vessel powered by a motor or motors generating a total 10 or less horsepower when that person can demonstrate the ability to safely operate such any vessel and is under the supervision of a responsible adult.

(2) It shall be unlawful for any person 15 or less years of age to operate a any vessel powered by a motor or motors generating a total horsepower in excess of 10 horsepower. [Ord. 1157, 1998; Ord. 1115 § 22, 1991]

10.20.160 Obstructions.

(1) When any sunken or drifting and unattended vessels or objects obstruct, or create a hazard to the operation of vessels on the waters of Lewis County, the Lewis County sheriff shall order the owner or person in charge thereof to remove or restrain the said vessel or object.

(2) Upon failure of such person to do so, or inability of the sheriff to determine the ownership of the vessel or object, the sheriff may take custody of the vessel or object and may take such reasonable steps as are needed to clear the waters of the obstruction or hazard. Expenses reasonably incurred by the sheriff in removing and relocating a vessel or other object shall be recovered from the owner thereof as a condition precedent to restoring the vessel or object to the owner. [Ord. 1157, 1998; Ord. 1115 § 23, 1991]

10.20.170 Prohibited operations.

(1) It shall be unlawful for the owner of any vessel or any person having such, in charge or in control, to authorize or knowingly permit the same to be operated by a person who, by reason of physical or mental disability is incapable of operating such vessel or watercraft under the prevailing circumstances. [Ord. 1157, 1998; Ord. 1115 § 24, 1991]

10.20.180 Boating accident and casualty; duty of operator and reporting.

The operator of any vessel involved in any injury or death to any person, or in damage to property, shall immediately stop such vessel at the scene of such accident and shall render all practical and necessary assistance to persons affected by the collision, accident, or casualty to save them from danger caused by the incident, and shall otherwise fully comply with the accident reporting provisions of RCW 88.12.155 thru -.175, and Ch. 352-70 WAC. [Ord. 1157, 1998; Ord. 1115 § 25, 1991]

10.20.190 Skin diving.

(1) Recreational skin diving shall be prohibited within 300 feet of an active public boat ramp, or that area generally used and recognized as the entry or exit to any regularly established marina, yacht club, or boat house; provided that in the event skin or scuba divers are engaged in an aquatic event, then said restriction shall not apply for the duration of said aquatic event; provided further, skin diving shall be prohibited unless the diver shall be accompanied by a vessel displaying a diver’s flag, or the area in which he is diving shall be marked by an adequately displayed diver’s flag.

(2) It shall be illegal for the vessel to approach closer than 300 feet of any diver’s flag raised from a vessel or float without reducing their speed to five miles per hour. [Ord. 1157, 1998; Ord. 1115 § 28, 1991]

10.20.200 Posting of regulations.

(1) The director of the Lewis County parks and recreation department shall cause to be posted at all public boat accesses within county parks a copy or reproduction of any special rules enacted by this chapter for a specific lake or section of river.

(2) Owner or proprietors of designated boat access points to waters of Lewis County shall cause to be posted within 25 feet of the ramp a copy or reproduction of any special rules enacted by this chapter for a specific lake or section of river. [Ord. 1157, 1998; Ord. 1115 § 29, 1991]

10.20.210 Swimming.

(1) Swimming shall be confined to:

(a) Restricted swimming areas;

(b) Within a distance of 100 feet from shore unless the swimmer is accompanied by a vessel.

(2) All bathers and swimmers shall confine air mattresses, inner tubes, and other similar devices to within 100 feet of shore unless accompanied by a vessel.

(3) All vessel accompanying swimmers beyond 100 feet from shore shall have a personal flotation device on board for each swimmer in addition to each person on board. [Ord. 1157, 1998; Ord. 1115 § 30, 1991]

10.20.220 Unsafe piers.

Whenever any pier or gangway devoted to passenger traffic shall be damaged or appears to the sheriff to become unsafe, such pier or gangway shall be ordered barricaded with proper fencing until such time as necessary repairs shall be made, and if the owner, agent, or lessee of such pier shall fail to comply with such order, the sheriff shall prohibit the use of unsafe portion of such pier or gangway and may erect the necessary repairs, and the expenses thereof shall be paid and recoverable from the owner, agent, or lessee to the county and it shall be unlawful for any person to allow such pier or gangway to be used or open to use. [Ord. 1157, 1998; Ord. 1115 § 31, 1991]

Article III. Public Swimming and Event Regulations

10.20.230 Safety devices.

Every owner, agent, or lessee having charge of any commercial or public swimming area shall furnish and keep for use on such pier at least one serviceable 30-inch life buoy for every 300 lineal feet of berthing space. Attached to said life buoy shall be at least 200 feet of suitable line. 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. Said box shall be labeled and be, at all times, kept clear of obstructions. It shall be unlawful to take away, molest, injure, or destroy said buoy or box, or to disturb the same, except for use in saving life and property. [Ord. 1157, 1998; Ord. 1115 § 32, 1991]

10.20.240 Regattas, races or aquatic events.

(1) Definition. “Regatta” or “race” or “aquatic event” means an organized water event of limited duration which is conducted according to a prearranged schedule.

(2) Submission of Application. An individual or organization planning to hold a regatta, race, or aquatic event which, by its nature, circumstances or location, may introduce extra or unusual hazards to the safety of life on the waters of Lewis County, shall submit an application to the Lewis County sheriff’s office and the Lewis County parks and recreation department for approval of application, which shall be sent to the county commissioners for permission to hold such an event.

The application shall be submitted no less than 90 days prior to the start of said event. [Ord. 1157, 1998; Ord. 1115 § 33, 1991]

10.20.250 Aiding and abetting violation.

It is unlawful to counsel, aid or abet the violation of, or failure to comply with, any provisions of this chapter. [Ord. 1157, 1998; Ord. 1115 § 34, 1991]

10.20.260 Restricted areas.

(1) Emergency Restrictions. In emergency short-term situations the sheriff, in the interest of safe navigation, life safety, and the protection of property, may designate restricted areas. No person shall operate a vessel within a restricted area; provided, that this section shall not apply to vessels engaged in or accompanying the activity to which the area is restricted, nor to patrol or rescue craft or in the case of an emergency. Any permanent restricted area shall be identified in LCC 10.20.460 through 10.20.500.

(2) Schools and Training Courses.

(a) The board may issue permits to establish restricted areas in any lake where a waiver of any provision of this chapter is required to permit safe operation of boating, water skiing, sailing, swimming, diving or related schools or training courses;

(b) Such permits may be issued after hearing to establish the hazards necessary to address: types of signs, warning devices, hours of operation and location of operation with due regard to other appropriate uses of the lake;

(d) Application for any such permit shall be submitted to the parks and recreation department of Lewis County. Any such application shall be completed by the person or firm responsible for the proposed activity and shall identify the exact site of the proposed use on a map of sufficient scale and detail as to clearly identify all courses, proposed markers and warning devices. The site plan, when approved, shall be binding upon the permit-holder;

(e) The application shall be accompanied by a fee of $35.00 to partially defray the costs of processing;

(f) A copy of each application shall be submitted to the Lewis County sheriff for his review and delivery of a report and recommendations at or prior to the time set for hearing;

(g) The county commissioners shall consider the matter at public hearing and may grant, modify or deny the permit. They may, as a condition of approval, require the permit holder to acquire and maintain in force a policy of insurance to provide coverage for liability bearing such limits as are commensurate with the hazards presented;

(h) It shall be unlawful for any person to operate any school or training course requiring a restricted area without a permit or in any manner contrary to the terms of any such permit. [Ord. 1157, 1998; Ord. 1115 § 35, 1991]

10.20.270 Marker buoys.

(1) Marker buoys, approved by the Lewis County sheriff or Lewis County parks and recreation department, may be placed indicating the area of waters of Lewis County within which it shall be unlawful to operate a vessel in excess of the speed limits provided in LCC 10.20.060.

(2) The Lewis County sheriff, the Lewis County parks and recreation department, or persons authorized by the county may place, move, remove, or replace marker buoys when deemed necessary. It shall be unlawful for any unauthorized person to deliberately damage, move, or remove any marker buoy or distinguishing device. [Ord. 1157, 1998; Ord. 1115 § 36, 1991]

Article IV. Penalties

10.20.280 Penalties.

(1) It shall be unlawful for any person(s) to violate the following subsections (2), (3), and (4) of this section and any said violation, except as otherwise provided for under Federal law, and RCW Title 88 and Chapters 352-60 and 352-70 WAC of the state of Washington, shall constitute an infraction. Enforcement of the provisions of this chapter shall be in the same manner and by use of the same forms as for traffic violations, and in accordance with the bail schedule set forth below in subsections (2), (3), and (4) of this section.

(2) Forfeiture of bail in the amount of $50.00 shall constitute a final disposition of the following violations:

(a) LCC 10.20.020, Rules of the road (excepting vessel operation and equipment regulations otherwise noted hereunder);

(b) LCC 10.20.060, Speed limits;

(d) LCC 10.20.110, Direction of travel;

(e) LCC 10.20. 120, Water skiers;

(f) LCC 10.20.130 and 10.20.020, Personal watercraft operation;

(g) LCC 10.20.020, Muffler or exhaust and racing exception;

(h) LCC 10.20.150, Legal age of operation for other than personal watercraft;

(i) LCC 10.20.200, Posting of regulations;

(j) LCC 10.20.210, Swimming;

(k) LCC 10.20.020, Navigation lights (excepting blue, law enforcement lights);

(l) LCC 10.20.020, Sound producing devices.

(3) Forfeiture of bail in the amount of $75.00 shall constitute a final disposition of the following cases:

(a) LCC 10.20.100, Designated areas;

(b) LCC 10.20.160, Obstructions;

(d) LCC 10.20.190, Skin diving;

(e) LCC 10.20.240, Regattas, races or aquatic events;

(f) LCC 10.20.250, Aiding and abetting violation;

(g) LCC 10.20.260, Restricted areas.

(4) Forfeiture of bail in the amount of $100.00 shall constitute a final disposition of the following cases:

(a) LCC 10.20.150, Hazardous conditions;

(b) LCC 10.20.140, Testing;

(d) LCC 10.20.220, Unsafe piers;

(e) LCC 10.20.230, Safety devices;

(f) LCC 10.20.020, Fire extinguisher requirements;

(g) LCC 10.20.020, Personal flotation devices;

(h) LCC 10.20.020, Ventilation;

(i) LCC 10.20.020, Backfire flame control (flame arrester);

(j) LCC 10.20.020,Vessel registration.

(5) It shall be unlawful for any person(s) to violate subsection (6) of this section and any said violation shall be subject to the applicable penalties imposed by RCW Title 88 and Chapters 352-60 and 352-70 WAC of the state of Washington, or, if not so specified, subject to the penalties in LCC 1.20.020 and 1.20.040. Enforcement of the provisions of this chapter shall be in the same manner and by use of the same forms as for traffic violations, and in accordance with the bail schedule set forth below in subsection (6) of this section.

(6) Forfeiture of bail shall not constitute final disposition in the following cases without a special order of the court showing reasons therefor. Such order may be a simple docket entry. Court appearance in the following cases is mandatory:

(a) LCC 10.20.020, Navigation lights - blue, law enforcement lights;

(b) LCC 10.20.080 and 10.20.020, Operation of vessel in reckless manner;

(d) LCC 10.20.080 and 10.20.020, Boating accident and casualty; duty of operator and reporting;

(e) LCC 10.20.270, Marker buoys. [Ord. 1180 §14, 2002; Ord. 1157, 1998; Ord. 1115 § 46, 1991]

Article V. Specific Rules for Certain Lakes and Other Areas

10.20.290 Mayfield Lake.

It shall be unlawful to operate a vessel in excess of eight mph or at any other speed less than eight mph which produces a damaging wake in the area known as the mouth of the Tilton River which starts at the narrow point of the channel depicting the entrance into the Tilton River and encompasses the entire area of the river to the Tilton River Falls. This provision also prohibits water skiing on the Tilton River. [Ord. 1157, 1998; Ord. 1115 § 48, 1991]

10.20.300 Mineral Lake.

(1) It shall be unlawful to operate a vessel in excess of eight mph or at any other speed less than eight mph which produces a damaging wake on Mineral Lake except in the designated water ski area by vessels towing skiers during the water skiing period defined in the following paragraph.

(2) The water ski period on Mineral Lake is defined as June 1st of that current year until the opening day of fishing season of the following year from 11:00 a.m. until one hour after sunset of each day.

(3) The designated water ski area shall be indicated by buoys placed on the lake by the Lewis County parks and recreation department and will be posted at all public access points on Mineral Lake. [Ord. 1157, 1998; Ord. 1115 § 49, 1991]

10.20.310 Walupt Lake.

It shall be unlawful to operate a vessel in excess of eight mph or at any other speed less than eight mph which produces a damaging wake on Walupt Lake. Water skiing is prohibited. [Ord. 1157, 1998; Ord. 1115 § 50, 1991]

10.20.320 Packwood Lake.

It shall be unlawful to operate a motor-operated vessel on the waters of Packwood Lake. [Ord. 1157, 1998; Ord. 1115 § 51, 1991]

10.20.330 Carlisle Lake.

It shall be unlawful to operate a motor-operated vessel on the waters of Carlisle Lake. [Ord. 1157, 1998; Ord. 1115 § 52, 1991]

10.20.340 Lake Scanewa.

It shall be unlawful to operate a vessel in excess of eight mph or at any other speed less than eight mph which produces a damaging wake on the water of Lake Scanewa. [Ord. 1157, 1998; Ord. 1115-A, 1994; Ord. 1115 § 53, 1991]