Chapter 10.60
VESSELS
10.60.000 Chapter Contents
Sections:
10.60.010 Watercraft defined.
10.60.020 Speed limit.
10.60.070 Whistle or siren – Pilot rules to govern.
10.60.080 Whistle or siren – Penalty for violation of Section 10.60.070.
10.60.085 Watercraft registration required – Statutes adopted by reference.
10.60.095 Alteration of watercraft registration – Statutes adopted by reference.
10.60.100 Enforcement authority.
10.60.105 Notice to appear.
10.60.120 Refusal to stop or to give name and address – Misdemeanor or gross misdemeanor.
10.60.125 Aiding and abetting violation.
10.60.130 Violation – Penalty – Civil infraction unless otherwise provided.
10.60.210 Marine sanitation devices.
10.60.250 Discharge of oil prohibited.
10.60.265 Recreational watercraft regulations – Statutes adopted by reference.
10.60.270 Recreational watercraft equipment and operation – Statutes adopted by reference.
10.60.275 Derelict vessels – Statutes adopted by reference.
(Ord. 6710 §1, 2010, repealed Sections 10.60.082, 10.60.084, 10.60.086, 10.60.090, 10.60.110, 10.60.260 and 10.60.262)
10.60.010 Watercraft defined
A. "Watercraft" means any contrivance used or capable of being used as a means of transportation on water, specifically including but not limited to any boat, yacht or houseboat, whether powered by engine, sail, motor or occupant or occupants.
B. "Waters of Olympia" means any waters within the jurisdiction of the city of Olympia.
(Ord. 6710 §1, 2010; Ord. 5130 §2, 1990; Ord. 4088 §1, 1978).
10.60.020 Speed limit
It is unlawful for any person to operate or have control over any watercraft within the jurisdictional waters of the city which travels at a speed greater than seven knots (seven nautical miles per hour) in those waters north of an east/west line transecting the tip of the Port of Olympia peninsula, or which travels at a speed greater than five knots (five nautical miles per hour) in those waters south of said line. It is further unlawful to operate in such a manner to cause a wake in the water which in any way endangers or jeopardizes property or persons within the immediate vicinity.
(Ord. 6710 §1, 2010; Ord. 5457 §1, 1994; Ord. 4088 §6, 1978; Ord. 3083 §1, 1958).
10.60.070 Whistle or siren – Pilot rules to govern
It is unlawful for the captain or any other person in charge of any vessel, while lying at any pier or while navigating in Olympia Harbor, to cause any whistle or siren to be blown or sounded for any purpose other than those required by law or by the Pilot Rules for Certain Inland Waters of the Atlantic and Pacific Coasts and of the Coast of the Gulf of Mexico, as now or hereafter enforced; provided, however, that in the event of fire occurring on board any vessel in Olympia Harbor, except vessels under way, such vessel may sound five prolonged blasts of the whistle or siren as an alarm indicating fire on board or at the dock at which the vessel is moored. Such signal may be repeated at intervals to attract attention and is not a substitute for, but may be used in addition to, other means of reporting a fire. The words "prolonged blasts," as used in this section, mean a blast from four to six seconds’ duration. It shall be the duty of the harbor officer to notify all vessels coming into Olympia Harbor of the provisions of this section.
(Ord. 7187 §3, 2019; Ord. 6710 §1, 2010; Ord. 2669 §1, 1950).
10.60.080 Whistle or siren – Penalty for violation of Section 10.60.070
Any person, firm or corporation violating the terms of Section 10.60.070 shall, upon conviction, be fined in a sum not exceeding one hundred dollars for each offense.
(Ord. 6710 §1, 2010; Ord. 2669 §2, 1950).
10.60.085 Watercraft registration required – Statutes adopted by reference
The following sections in the Revised Code of Washington (“RCW”) are adopted by reference, as currently enacted or as amended hereafter, and as supplemented by Chapter 308-93 in the Washington Administrative Code (“WAC”), including penalties; except as otherwise specifically set forth in this chapter and except that conduct constituting a felony is excluded. A complete copy of RCW 88.02.010 through 88.02.118 and Chapter 308-93 WAC is on file with the City Clerk.
RCW:
88.02.010 Definitions.
88.02.020 Registration and display of registration number and decal prerequisite to ownership or operation of vessel – Exceptions.
88.02.023 Vessel dealer display decals – Use.
88.02.025 Registration of vessels numbered under the Federal boat safety act.
88.02.028 Registration of rented vessels – Dealer’s vessels – Dealer registration numbers not transferable.
88.02.030 Exceptions from vessel registration – Use of excess document identification fee for boating safety programs – Rules.
88.02.035 Confidential vessel registration, law enforcement purposes.
88.02.040 Issuance of registrations – Agents – Deposit of fees in general fund – Allocation for boating safety and education, law enforcement, and derelict vessel removal and disposal.
88.02.045 Allocation of funds under RCW
88.02.040 To counties – Deposit to account for boating safety programs.
88.02.090 Inspection of registration – Violation of chapter.
88.02.110 Penalties – Disposition of moneys collected – Enforcement authority.
88.02.112 Registration certificate required – Penalty.
88.02.115 Additional penalties for unauthorized or personal use of dealer display decals.
88.02.118 Evasive registration – Penalty.
(Ord. 6710 §1, 2010).
10.60.095 Alteration of watercraft registration – Statutes adopted by reference
The following sections in the Revised Code of Washington (“RCW”) are adopted by reference, as currently enacted or as amended hereafter, as if fully set forth in this chapter and except that conduct constituting a felony is excluded. A complete copy of RCW 46.12.300 through 46.12.330 is on file with the City Clerk.
RCW:
46.12.300 Serial numbers on vehicles, watercraft, campers, or parts – Buying, selling, etc., with numbers removed, altered, etc. – Penalty – Gross Misdemeanor.
46.12.310 Serial numbers – Seizure and impoundment of vehicles, recreational watercraft, campers, or parts – Notice to interested persons – Release to owner.
46.12.320 Serial numbers – Disposition of vehicles, watercraft, campers, or parts authorized.
46.12.330 Serial numbers – Hearing – Appeal – Removal to court – Release.
(Ord. 6710 §1, 2010).
10.60.100 Enforcement authority
Those officers or employees of the City as may be designated by the Chief of Police or by the City Manager are authorized to enforce the provisions of this chapter, subject to any commission limits imposed per OMC 2.36.085. Such designated officers and employees shall have authority to enter upon and inspect any vessel or watercraft in the Olympia Harbor, and are charged with enforcement of the provisions of this chapter, except as the enforcement thereof is otherwise specified in this chapter. It shall be the duty of such designated officers or employees to make complaint for any violation of the same or any part hereof in the name of the City; provided, that this provision shall not operate to preclude the making of such complaint by any other person legally authorized so to do.
(Ord. 6710 §1, 2010).
10.60.105 Notice to appear
Whenever any person is arrested for any violation of this chapter, the arresting officer may serve upon that person a citation and notice to appear in court. The arrested person, in order to secure release and when permitted by the arresting officer, must give the person’s written promise to appear in court as required by the citation and notice by signing in the appropriate place on the written citation and notice served by the arresting officer.
(Ord. 7187 §3, 2019; Ord. 6710 §1, 2010).
10.60.120 Refusal to stop or to give name and address – Misdemeanor or gross misdemeanor
A. It is unlawful for any person, while operating or in charge of any vessel or watercraft, to refuse, when requested by an authorized public officer, to give the person’s name and address and the name and address of the owner of the vessel or watercraft, or for such person to give a false name and address; and it shall likewise be unlawful for any person to refuse or neglect to stop when signaled to stop by any authorized public officer, or to refuse upon demand of such authorized public officer to permit the examination of any equipment of the vessel or watercraft, or to produce the person’s certificate of vessel registration. Violation of this subsection is a misdemeanor.
B. The operation of a vessel or watercraft evincing an attempt to outrun, or which outruns, a vessel or watercraft which is pursuing the fleeing vessel or watercraft with audible and visual signs (such as sirens and blue flashing lights) operating and which is operated by any public officer authorized to enforce the provisions of this chapter shall be unlawful, and, in addition to being a violation of this subsection, shall be prima facie evidence of reckless operation by the operator thereof. Violation of this subsection is a gross misdemeanor.
(Ord. 7187 §3, 2019; Ord. 6710 §1, 2010).
10.60.125 Aiding and abetting violation
Every person who commits, attempts to commit, conspires to commit, or aids or abets in the commission of any act declared by this chapter to be prohibited, or in the omission of an act to be performed by this chapter, whether individually or in connection with one or more other persons, or as a principal, agent, or accessory, is guilty of such offense, and every person who falsely, fraudulently, or willfully induces, causes, coerces, requires, permits, or directs others to violate any provisions of this chapter is likewise guilty of such offense.
(Ord. 6710 §1, 2010).
10.60.130 Violation – Penalty – Civil infraction unless otherwise provided
Except as otherwise specifically provided herein, including, but not limited to, penalties set forth in statutes adopted herein, violation of or failure to comply with any provision of this chapter or any lawful order or direction of the Chief of Police, or any person or officer charged with the enforcement hereof, shall constitute a civil infraction payable by a fine not to exceed five hundred dollars per violation.
(Ord. 6710 §1, 2010).
10.60.210 Marine sanitation devices
All watercraft with installed toilet(s) on board must have a holding tank or a type I, II or III marine sanitation device. It is unlawful to discharge toilets or holding tanks into the waters controlled by the city. All installed marine sanitation devices must be Coast Guard certified. The specific regulations and provisions relating to marine sanitation devices are those set forth in 33 CFR 159, which are hereby adopted by reference as though fully set forth herein.
(Ord. 6710 §1, 2010; Ord. 5130 §1(part), 1990).
10.60.250 Discharge of oil prohibited
It is unlawful for any person, firm, corporation, watercraft, tug or launch of any kind or description to discharge any oil or oily waste within the waters of Olympia if such discharge causes a film or sheen upon, or discoloration of, the surface of the water, or causes a sludge or emulsion beneath the surface of the water.
(Ord. 6710 §1, 2010; Ord. 5130 §1(part), 1990).
10.60.265 Recreational watercraft regulations – Statutes adopted by reference
The following sections in the Revised Code of Washington (“RCW”), except as to RCW 79A.60.010(24) “Water skiing,” are adopted by reference, as currently enacted or as amended hereafter, including penalties; except as otherwise specifically set forth in this chapter and except that conduct constituting a felony is excluded. A complete copy of RCW 79A.60.010 through 79.60.200 is on file with the City Clerk.
RCW:
79A.60.010 Definitions (except as to (24), “Water skiing”).
79A.60.020 Violations of chapter punishable as misdemeanor – Circumstances – Violations designated as civil infractions.
79A.60.030 Operation of vessel in a negligent manner – Penalty.
79A.60.040 Operation of vessel in a reckless manner – Operation of a vessel under the influence of intoxicating liquor – Penalty.
79A.60.080 Failure to stop for law enforcement officer.
79A.60.100 Enforcement – Chapter to supplement federal law.
79A.60.110 Equipment standards – Rules – Penalty.
79A.60.120 Tampering with vessel lights or signals – Exhibiting false lights or signals – Penalty.
79A.60.130 Muffler or underwater exhaust system required – Exemption – Enforcement – Penalty.
79A.60.150 Failure of vessel to contain required equipment – Liability of operator or owner – Penalty.
79A.60.160 Personal flotation devices required – Penalty.
79A.60.170 Water skiing safety – Requirements.
79A.60.180 Loading or powering vessel beyond safe operating ability – Penalties.
79A.60.190 Operation of personal watercraft – Prohibited activities – Penalties.
79A.60.200 Duty of operator involved in collision, accident, or other casualty – Immunity from liability of persons rendering assistance – Penalties.
(Ord. 6710 §1, 2010).
10.60.270 Recreational watercraft equipment and operation – Statutes adopted by reference
The following sections in the Washington Administrative Code (“WAC”), except as to WAC 352-60-020 “Water skiing,” are adopted by reference, as currently enacted or as amended hereafter, including penalties; except as otherwise specifically set forth in this chapter and except that conduct constituting a felony is excluded. A complete copy of WAC 352-60-010 through WAC 352-60-120, WAC 352-67-010 through WAC 352-67-050, and WAC 352-70-010 through WAC 352-70-060 is on file with the City Clerk.
WAC:
352-60-010 Purpose.
352-60-020 Definitions.
352-60-030 Personal flotation devices required.
352-60-050 Ventilation.
352-60-060 Navigation lights and shapes.
352-60-065 Sound producing devices.
352-60-070 Steering and sailing.
352-60-080 Fire extinguisher required.
352-60-090 Backfire flame control.
352-60-110 Canadian vessels.
352-60-120 Water ski observer.
352-67-010 Purpose.
352-67-020 Definitions.
352-67-030 Instrumentation.
352-67-040 General requirements.
352-67-050 Specific requirements.
352-70-010 What is the state boating accident reporting program?
352-70-020 What words and phrases are used in the state boating accident reporting program?
352-70-030 Which vessels are subject to the state boating accident reporting program?
352-70-035 Who is required to submit a boating accident report and under what conditions?
352-70-040 How does the operator of a vessel report a boating accident?
352-70-050 What information must be provided on the state boating accident report form?
352-70-060 How is a boating accident report submitted to the commission?
(Ord. 6710 §1, 2010).
10.60.275 Derelict vessels – Statutes adopted by reference
The following sections in the Revised Code of Washington (“RCW”) are adopted by reference, as currently enacted or as amended hereafter, as if fully set forth in this chapter and except that conduct constituting a felony is excluded. Complete copies of RCW 79.100.010 through 79.100.080, RCW 79.100.110 and RCW 79.100.130 are on file with the City Clerk.
RCW:
79.100.010 Definitions.
79.100.020 Chapter not exclusive remedy.
79.100.030 Authority of authorized public entity – Owner retains primary responsibility.
79.100.040 Obtaining custody of vessel.
79.100.050 Use or disposal of vessel.
79.100.060 Reimbursement for costs.
79.100.070 Contract with private company/individual.
79.100.080 Chapter not exclusive.
79.100.110 Vessel abandoned or derelict upon aquatic lands – Penalty.
79.100.130 Marina owner may contract with a local government – Contract requirements.
(Ord. 6710 §1, 2010).