Chapter 6.34
UNSAFE VESSEL OPERATION
Sections:
6.34.020 Vessel – Negligent operation.
6.34.030 Vessel – Reckless operation.
6.34.050 Intoxicated vessel operator.
6.34.060 Incapacity of operator.
6.34.010 Construction.
The rules under this chapter shall be applicable to all navigable waters inside the city limits of Oak Harbor, including submerged tideland and the marina. Definitions under other ordinances dealing with the marina and marina waters shall be used where applicable. The provisions of this chapter are adopted to provide for the general welfare, health and safety and not for the benefit of any particular individual or class of individuals. Nothing in this chapter shall be construed as placing a burden or duty upon the city to enforce this chapter for the benefit of any person, or class of persons. (Ord. 663 § 1, 1983).
6.34.020 Vessel – Negligent operation.
Any person who negligently operates a vessel within the city limits:
(1) In any manner so as to endanger or be likely to endanger any person or property; or
(2) At a rate of speed greater than will permit him in the exercise of reasonable care to bring the vessel to a stop within the assured clear distance ahead shall be guilty of the crime of negligent operation and a violation of this section. (Ord. 663 § 2, 1983).
6.34.030 Vessel – Reckless operation.
Any person who operates any vessel within the city limits in a reckless manner so as to endanger the life or limb, or damage the property of any person, shall be guilty of the crime of reckless operation and a violation of this section. (Ord. 663 § 3, 1983).
6.34.040 Sunken vessels.
When any vessel or obstruction has been sunk or grounded, or has been delayed in such a manner as to stop or seriously interfere with or endanger navigation on the waters within the city limits, the harbormaster or the chief of police, or the designee of either, may order the same immediately removed and if the owner, or other person in charge thereof, after being so ordered, does not proceed immediately with such removal, the harbormaster may take immediate possession thereof and remove the same, using such methods as in his judgment will prevent unnecessary damage to such vessel or obstruction, and the expense incurred by the city in such removal shall be paid by the owner or other person in charge of the vessel, and in case of failure to pay the same, the city may maintain an action for the recovery thereof. (Ord. 663 § 4, 1983).
6.34.050 Intoxicated vessel operator.
(1) It is unlawful for any person who is under the influence of intoxicating liquor or narcotic drugs to operate or be in actual physical control of any vessel within the navigable waters of the city limits.
(2) 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 narcotic drug within the navigable waters of the city limits.
(3) Whenever it appears reasonably certain to any peace officer or marina employee 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 vessel in violation of subsection (1) of this section, an officer may take reasonable measures to prevent any such person from so doing. (Ord. 663 § 5, 1983).
6.34.060 Incapacity of operator.
It is 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 any person who by reason of physical or mental disability is incapable of operating such vessel under the prevailing circumstances within the city limits of Oak Harbor. (Ord. 663 § 6, 1983).
6.34.070 Accident report.
(1) The master, owner or operator of any vessel shall file a written report within 48 hours with the city of any accident involving death or personal injury requiring medical treatment or property damage in excess of $100.00 in which such vessel has been involved in or on the navigable waters in the city limits of Oak Harbor. This report shall be required in addition to those required by federal and state laws.
(2) All accident reports and supplemental reports and copies thereof shall be investigative records of the city and not provided as public records. (Ord. 663 § 7, 1983).
6.34.080 Rules of road.
Except as otherwise specified in this section, vessels in navigable waters of the city shall be subject to “Rules to Prevent Collisions of Vessels and Pilot Rules for Certain Inland Waters of the Atlantic and Pacific Coasts and of the Coast of the Gulf of Mexico” (C.F. 236479), promulgated by the United States Coast Guard, pursuant to act of Congress, as such rules are now or may from time to time be adopted. Sailing vessels or other vessels, while engaged in a sanctioned or authorized race, log race, regatta or similar event, may use the applicable rules for such event. (Ord. 663 § 8, 1983).
6.34.090 Penalty.
Violation of this title shall be a Class 1 infraction as defined in Chapter 1.28 OHMC, as now in effect or hereafter amended, except reckless operation of a vessel under OHMC 6.34.030. Reckless operation of a vessel shall be punishable as a gross misdemeanor by a fine of up to $5,000 or jail sentence of 364 days or both said fine and jail time. (Ord. 1717 § 20, 2015; Ord. 1014 § 6, 1995; Ord. 663 § 9, 1983).