Chapter 12.28 MARINE REGULATIONS*

The city, in the exercise of its police power, assumes power and jurisdiction over all waters within its limits, as authorized by statute, including but not limited to RCW 35.21.160 and 35A.21.090. Pursuant to RCW 35.21.160, the power and jurisdiction of the city is extended into and over the waters of Liberty Bay, part of the Puget Sound and specifically to the middle of Liberty Bay, where the city’s jurisdiction ends and that of Kitsap County begins, in every manner and for every purpose that such power and jurisdiction could be exercised if the waters were within the city limits. For the purpose of this chapter, “waters of the city” means the waters over which the city assumes power and jurisdiction. (Ord. 2007-41 § 1, 2007)

12.28.010 Definitions.

Except where otherwise defined in a statute or regulation adopted by this chapter, the following terms have the meanings set forth below:

“Abandoned or derelict vessel” means any boat, vessel or watercraft which appears to be disabled, discharging pollutants or waste materials, drifting, sinking or otherwise unfit to be in city waters.

“Boat,” “vessel” or “watercraft” means any conveyance used or capable of being used as a means of transportation on the water.

“RCW” means Revised Code of Washington.

“Statute” means a statute of the Revised Code of Washington.

“WAC” means Washington Administrative Code.

“Waters of the city” or “city waters” means every lake, bay, pond, sound, stream, river or other body of water within the city limits or over which the city has jurisdiction. (Ord. 2007-41 § 5, 2007: Ord. 90-14 § 1, 1990: Ord. 86-41 § 1 (part), 1986)

12.28.014 Derelict vessels—Statutes adopted by reference.

Pursuant to the authority contained in RCW 35A.12.140, the following sections of Chapter 79.100 RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:

RCW

79.100.010 Definitions

79.100.110 Vessel abandoned or derelict upon aquatic lands—Causing a vessel to block a navigational channel—Penalty

(Ord. 2014-05 § 5, 2014)

12.28.015 Regulation of recreational vessels—Statutes adopted by reference.

Pursuant to the authority contained in RCW 35A.12.140, the following sections of Chapter 79A.60 RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:

RCW

79A.60.010 Definitions

79A.60.020 Violations of chapter punishable as misdemeanor—Violations designated as civil infractions

79A.60.030 Operation of vessel in 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—Exemptions—Enforcement—Penalty

79A.60.140 Personal flotation devices—Inspection and approval—Rules

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

79A.60.640 Requirements to operate motor driven boats/vessels—Exemptions—Penalty

79A.60.660 Operating motor driven boat or vessel for teak surfing, platform dragging, bodysurfing—Prohibition—Exceptions—Penalty

79A.60.700 Refusal to submit to certain tests—Not admissible as evidence—Penalty

79A.60.710 Vessels for hire—Requirements—Application of section—Penalty

(Ord. 2014-06 § 20, 2014: Ord. 2007-41 § 6, 2007)

12.28.020 Vessel registration—Statutes adopted by reference.

Pursuant to the authority contained in RCW 35A.12.140, the following sections of Chapter 88.02 RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:

RCW

88.02.310 Definitions

88.02.340 Inspection of registration certificates, out-of-state vessels

88.02.350 Refunds, overpayments, and underpayments—Penalty for false statement

88.02.360 Contaminated vessels

88.02.370 Five business-day notice—Vessel disposition or filing of report of sale

88.02.375 Fifteen-day notice—Owner address change or destruction, loss, etc. of vessel or registration certificate

88.02.380 Penalties—Disposition of moneys collected—Enforcement authority

88.02.390 Carbon monoxide warning sticker—Display required

88.02.400 Evasive registration and excise tax evasion—Penalty

88.02.410 Department and state immune from suit for administration of chapter

88.02.510 Application—When, by whom

88.02.550 Registration and display of registration number and decal required—Exemptions

88.02.610 Vessel visitor permit

88.02.620 Nonresident vessel permit

88.02.710 Requirements—Surety bond—Fees

88.02.730 Business address—Office—Identification of business

88.02.740 Vessel dealer license required—Penalty

88.02.790 Vessel dealer display decals—Use

(Ord. 2014-06 § 21, 2014)

12.28.030 Charter Boat Safety Act—Statutes adopted by reference.

Pursuant to the authority contained in RCW 35A.12.140, the following sections of Chapter 88.04 RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:

RCW

88.04.015 Definitions

88.04.025 Operating on state waters—Conditions

88.04.035 Inspection of charter boats—Certificate of inspection

88.04.075 Exemptions from chapter

88.04.320 Operating violations enumerated—Penalties

(Ord. 2007-41 § 8, 2007: Ord. 86-41 § 1 (part), 1986)

12.28.050 Obstructions in navigable waters.

The following statutes of the state of Washington are adopted by this reference as if set forth in full:

RCW

88.28.050 Obstructing navigation—Penalty

88.28.060 Discharging ballast, when prohibited—Exception—City areas—Penalty

(Ord. 86-41 § 1 (part), 1986)

12.28.053 Vessel registration and certificates of title—Washington Administrative Code sections adopted by reference.

Pursuant to the authority contained in RCW 35A.12.140, the following sections of Chapter 308-93 WAC as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:

WAC

308-93-140 Registration decal placement violation

308-93-145 Fail to obtain/display boat registration number

(Ord. 2014-05 § 7, 2014)

12.28.055 Public access and recreation.

Pursuant to the authority contained in RCW 35A.12.140 the following sections of the Washington Administrative Code, Chapter 332-52 WAC as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:

WAC

332-52-155 Anchorage

(Ord. 2013-01 § 1, 2013)

12.28.060 Recreational vessel equipment and operation—Statutes adopted by reference.

Pursuant to the authority contained in RCW 35A.12.140, the following sections of Chapter 352-60 WAC as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:

WAC

352-60-020 Definitions

352-60-030 Personal flotation devices required

352-60-040 Visual distress signals

352-60-050 Ventilation

352-60-060 Navigation lights and shapes

352-60-065 Sound producing devices

352-60-066 Sound and light signals

352-60-070 Steering and sailing

352-60-080 Fire extinguisher required

352-60-090 Backfire flame control

352-60-100 Liquefied petroleum gas

352-60-110 Canadian vessels

352-60-120 Water ski observer

(Ord. 2007-41 § 10, 2007: Ord. 86-41 § 1 (part), 1986)

12.28.070 Speed limits.

It is unlawful for any person to operate any watercraft or vessel at a speed in excess of eight miles per hour within one hundred yards of any shoreline, pier, dock, marina, shore installation or any watercraft or vessel at anchor. (Ord. 86-41 § 1 (part), 1986)

12.28.080 Required distance.

No motor-driven vessel or watercraft shall travel within fifty feet of any swimmer and all such vessels shall reduce speed to a reasonable and safe level when near swimmers or manually operated watercraft. (Ord. 86-41 § 1 (part), 1986)

12.28.090 Mooring.

It is unlawful to moor any vessel or watercraft to any marker or navigation buoy. It is also unlawful to moor any vessel or watercraft to a private dock or beach or to raft alongside another vessel or watercraft without the owner’s permission. (Ord. 86-41 § 1 (part), 1986)

12.28.100 Bow riding.

It is unlawful for any person to ride on the bow, gunwales or cabin top of any vessel or watercraft. (Ord. 86-41 § 1 (part), 1986)

12.28.110 Water skiing.

A. No water skiing shall be allowed within one hundred yards of any shoreline, pier, dock, marina, shore installation or anchored vessel or watercraft except that initiation or termination of the skiing activity, i.e., the pickup or dropoff of the skier, may take place within such distance when it is safe to do so; provided, that no skiing activity shall be initiated from a public marina or dock.

B. No watercraft or vessel which has in tow or is otherwise assisting a person on water skis, aquaplane, surfboard or similar contrivance shall be operated or propelled on the waters of the city unless such watercraft or vessel is occupied by at least two competent persons, one of which is operating the boat while the other observes the person being towed.

C. Water skiing between sunset and sunrise is prohibited. (Ord. 86-41 § 1 (part), 1986)

12.28.120 Reckless operation.

It is unlawful for any person to operate any watercraft or vessel in a reckless manner upon, over or through the waters of the city. For the purposes of this section, to “operate in a reckless manner” means the operation of a watercraft or vessel in such a manner as to indicate a willful or wanton disregard for the safety of persons or property. Any person violating this section shall be guilty of a misdemeanor. (Ord. 2007-59 § 1, 2007: Ord. 2007-41 § 11, 2007: Ord. 86-41 § 1 (part), 1986)

12.28.130 Discharging pollutants and littering.

A. It shall be unlawful for any person to dump, throw, discharge, pump, or otherwise deposit junk, oil, gas, trash, debris, garbage, refuse, ballast or other waste of any kind on or into the waters of the city, including, but not limited to, any substance classified as a dangerous or hazardous waste or substance under state or federal law. This section shall also be applicable to persons owning, using or occupying floating homes. For purpose of this section, “floating home” means a building on a float used in whole or in part for human habitation as a dwelling, which is moored, anchored or otherwise secured in the waters of the city. This prohibition shall not apply, however, to any treated sewage discharged into any water of the city by the city of Poulsbo or any other governmental entity having permission of the city and applicable state and federal regulatory agencies to do so.

B. Any person violating this section shall be guilty of a misdemeanor.

C. Costs of Cleanup. In addition to any other fine or monetary penalty, any person violating this section shall pay to the city all costs incurred by the city in cleaning up the material or substance deposited or discharged. (Ord. 2007-59 § 2, 2007: Ord. 2007-41 § 12, 2007: Ord. 86-41 § 1 (part), 1986)

12.28.135 Abandoned and derelict vessels.

A. A city law enforcement officer, upon discovering an apparently abandoned or derelict vessel within city waters, shall attach to the vessel a readily visible notification sticker which contains the following information:

1. The date and time the sticker was attached;

2. The identity of the officer;

3. A statement that failure to remove the vessel within seventy-two hours from the time the sticker is attached constitutes a civil infraction subject to a monetary penalty equal to one hundred dollars for each day the vessel remains unattended within city waters; and

4. The address and telephone number where additional information can be obtained.

B. If the vessel has a current Washington State vessel registration number, then the law enforcement officer, after attaching the sticker specified in subsection A of this section, shall check the State Department of Licensing records to learn the identity of the last owner of record. Afterwards, the chief of police or his/her designee shall make a reasonable effort to contact the vessel’s last owner of record, if known, by telephone in order to give the owner the information on the notification sticker. Further, the chief of police or his or her designee shall provide the owner with a written notification by certified mail, return receipt requested, of the information on the notification sticker, directed to the owner’s last known address.

C. If the vessel is not removed within seventy-two hours from the time the law enforcement officer attaches the notification sticker, then the vessel owner shall be guilty of a civil infraction and the city police department may issue a civil infraction citation to the vessel owner, if known, and take custody of the vessel and provide for the vessel’s removal to a place of safety. The city may remove the vessel prior to the termination of the seventy-two-hour period provided the vessel constitutes a hazard to persons, marine traffic or the environment. If the police department issues such a civil infraction citation, then upon a finding by the city municipal court that such an infraction has been committed, the vessel owner shall pay a monetary penalty to the city in an amount equal to one hundred dollars for each day the vessel remained unattended within city waters. The vessel owner shall be liable for all removal and storage costs incurred by the city in removing and storing the vessel. After the vessel has been removed and stored, or if removal is not necessary, after the expiration of the initial seventy-two-hour period, the police chief shall send by certified mail, with return receipt requested, a notice of custody and sale to the vessel’s legal and registered owners, if known. Such notice shall inform the owner that the vessel may be sold pursuant to subsection D of this section, and the owner has sixty days to claim the vessel. Afterwards, the city shall release the vessel to the owner provided the owner pays all penalties and costs incurred by the city in removing and storing the vessel.

D. If, after sixty days from the date of mailing the notice of custody and sale required in subsection C of this section to the registered and legal owner or sixty days after the initial seventy-two-hour period passes in the case of an unknown vessel owner, the vessel remains unclaimed and has not been identified as a stolen vessel, the chief of police or his/her designee shall publish a notice of public auction in a newspaper of general circulation in the city and county in which the vessel is located. Such notice shall state the date, place and time of the auction, contain a description of the vessel to be sold, and shall be published at least ten days prior to the date fixed for the sale. If the owner fails to reclaim the vessel prior to the time fixed for the sale in such notice, the chief of police or his or her designee shall conduct the sale and sell the vessel described in the notice at public auction to the highest and best bidder, for cash, and upon payment of the amount of such bid shall deliver the vessel to such bidder. The moneys arising from sales under the provisions of this section shall be first applied to the expenses of the sale, and then to the payment of lawful charges and expenses for the removal and storage of the vessel. Any balance shall be paid into Fund No. 622, Marine Vessel Trust Fund, of the city. If the vessel owner or his legal representative shall, at any time within three years after the money shall have been deposited in Fund No. 622, Marine Vessel Trust Fund, furnish satisfactory evidence of ownership to the police chief or city treasurer, then the owner shall be entitled to receive from the police chief or city treasurer the balance of the funds deposited in the fund with interest. (Ord. 90-14 § 2, 1990)

12.28.140 Swimming.

Swimming is prohibited within the following areas:

A. Within the boundaries of any marina or within one hundred feet of any entry or exit point to any marina; and

B. In any area where the volume of boating traffic poses a substantial risk to swimmers or watercraft or vessels traveling through the area. (Ord. 86-41 § 1 (part), 1986)

12.28.150 Scuba and skin diving.

All divers must mark their area of activity with an adequately displayed diver’s flag. All passing vessels and watercraft shall give at least two hundred feet clearance to such a flag. (Ord. 86-41 § 1 (part), 1986)

12.28.170 Exemption for emergency vessels.

Any authorized emergency vessel or watercraft actually responding to an emergency call or in immediate pursuit of an actual or suspected violator of this chapter or any other federal or state regulation shall be exempt from the provisions of this chapter. (Ord. 86-41 § 1 (part), 1986)

12.28.180 Liability.

Nothing in this chapter shall be construed as exempting any person, firm or corporation from liability caused by wake action from operation of any watercraft, vessel or aircraft, nor shall this chapter be construed as limiting or exempting such persons from liability for any unsafe operation of any watercraft, vessel or aircraft. (Ord. 86-41 § 1 (part), 1986)

12.28.190 Impoundment.

A. The city and its local law enforcement officials may take immediate possession of and impound any vessel or watercraft located in any waters within the city’s jurisdiction when:

1. The operator or owner of the vessel or watercraft is incapable of safely operating the vessel or watercraft or is incapable of directing the disposition of the vessel or watercraft;

2. The operator or owner of the vessel or watercraft refuses or neglects to obey an order of any local law enforcement official to proceed from or to an area following a citation or civil infraction or in an emergency;

3. The operator or owner operates the vessel or watercraft in a negligent, reckless or other manner so as to endanger the safety of others or to unreasonably interfere with the navigation of other watercraft and vessels, and the local law enforcement official believes such operation of the vessel or watercraft would continue unless the vessel or watercraft is impounded;

4. The vessel or watercraft in operation is unsafe for water transportation;

5. The vessel or watercraft is obstructing a launch area or public dock, or is trespassing or blocking ingress and egress on private property;

6. An unattended vessel or watercraft is a navigational hazard or threat to public safety, or must otherwise be impounded or removed in response to an emergency situation.

B. In lieu of removing or towing a vessel or watercraft pursuant to this section, the city and its local law enforcement officials may impound any vessel or watercraft in place by posting one or more signs or notices in conspicuous places on the vessel or watercraft that read: “POLICE IMPOUND—KEEP OFF.” Upon the posting of an impound notice, it shall be unlawful for any person:

1. To move, load, unload, rebuild or enter upon such vessel or watercraft without written permission from the city, other than for necessary maintenance and repair to prevent the deterioration or sinking of the vessel or watercraft; or

2. To remove, mutilate destroy or conceal any notice or sign posted by the city pursuant to this section.

The city and its local law enforcement officials, in their discretion, may appoint the owner or operator of the facility or property at which the vessel or watercraft is moored or anchored as custodian of the impounded vessel or watercraft.

C. At the time of the impound of a vessel or watercraft pursuant to subsections A and B of this section, the city or its local law enforcement officials shall provide the owner or operator of the vessel or watercraft written notice of the impound. If the owner or operator is not present, the notice shall be mailed, via certified mail, return receipt requested, to the registered owner of the vessel or watercraft at the owner’s last known address. Such notice shall state the date and time of the impound, the identity of the city official impounding the vessel or watercraft, the nature of the violation for which the vessel or watercraft was impounded, information on how and where to redeem the impounded vessel or watercraft, the owner’s right to a hearing on the impound pursuant to Section 12.28.210, a hearing request form, and the address and telephone number where additional information may be obtained.

D. The city and its local law enforcement official shall have the authority to remove or tow any vessel or watercraft pursuant to this section by using such methods necessary to prevent unnecessary damage to the vessel or watercraft. Alternatively, the city and its local law enforcement officials may assign the removal and impound of the vessel or watercraft to a private corporation.

E. The city shall not be responsible for damages incurred as a result of the impoundment of a vessel or watercraft. (Ord. 2007-41 § 13, 2007: Ord. 86-41 § 1 (part), 1986)

12.28.200 Creation and foreclosure of lien.

A. The expenses incurred by the city in removing, impounding and mooring any vessel or watercraft pursuant to this chapter shall be borne by the owner of the vessel or watercraft. When a vessel or watercraft is moored or impounded at a city facility, the city shall assess a reasonable moorage charge established by resolution. The expenses incurred by the city in removing, impounding and mooring the vessel or watercraft, and the city’s moorage charge, if applicable, shall constitute a lien against the vessel or watercraft and shall be paid in full by the owner of the vessel or watercraft prior to the city’s release of the vessel or watercraft.

B. If an impounded vessel or watercraft is not redeemed within sixty days after the date of impoundment, the lien upon the vessel or watercraft arising under this chapter may be foreclosed by the city pursuant to Chapter 60.10 RCW.

C. Funds received from the sale of a vessel or watercraft pursuant to this section shall be applied towards payment of the costs and fees incurred by the city in removing, impounding and mooring the vessel or watercraft, to the city’s moorage charges, if applicable, and to the costs of foreclosure, including reasonable attorneys’ fees. The city may maintain an action against the owner of the vessel or watercraft to recover the expense of removing, impounding and mooring the vessel or watercraft, the city’s moorage charge, and the costs of foreclosure of the lien, if not fully satisfied by the sale of the vessel or watercraft.

D. Any remaining proceeds from the foreclosure sale of a vessel or watercraft shall be remitted to the owner of the vessel or watercraft, if known. If the city is unable to locate the owner of the vessel or watercraft, the remainder of the proceeds from the sale shall be retained by the city for six months, and shall be released to the owner upon sufficient proof of ownership. If the six-month period expires without the owner of the vessel or watercraft claiming the remainder of the proceeds from the sale, the funds shall be deposited into the general fund of the city. (Ord. 2007-41 § 14, 2007)

12.28.210 Impound hearing.

A. Any owner of a vessel or watercraft that has been impounded pursuant to this chapter may request an impound hearing in the Poulsbo municipal court to contest the propriety of the impound and the amount of the impound and storage fees.

B. Any request for an impound hearing pursuant to this section shall be made in writing on the form provided by the city and must be received by the municipal court within twenty-one days (including Saturdays, Sundays and holidays) of the date that the notice of the right to a hearing was provided to the person seeking to challenge the impound or amount of the impound and storage fees. If the impound hearing request is not received by the municipal court within the twenty-one-day period (including Saturdays, Sundays and holidays), the right to a hearing is waived and the owner of the vessel or watercraft is liable for any removal, storage or impound charges permitted by this chapter. Upon receipt of a timely request for an impound hearing, the municipal court shall proceed to hear and determine the propriety of the impound.

C. The municipal court, within five days after it receives a request for an impound hearing, shall notify the person requesting the hearing and the city in writing of the hearing date and time.

D. At the hearing, the person or persons requesting the hearing may produce any relevant evidence to show that the removal, impound, or storage fees charged were not proper. The city has the burden of proving a valid impound and reasonable fees by a preponderance of the evidence.

E. At the conclusion of the hearing, the municipal court shall determine whether the impound was proper, whether the removal, impound or storage fees charged were proper, and who is responsible for the payment of the fees.

F. If the impound is found proper, the removal, impound and storage fees as permitted under this chapter together with court costs may be assessed against the person or persons requesting the hearing.

G. If the impound is found to be in violation of this code, then the owner of the impounded vessel or watercraft shall not be responsible for any removal, impound or storage fees, and any security shall be returned or discharged as appropriate, and the person or agency who authorized the impound shall be liable for any removal, storage or other impoundment fees permitted under this chapter. (Ord. 2007-41 § 15, 2007)

12.28.300 Violations—Penalties.

A. Unless otherwise provided in this chapter or in any state statute or regulation adopted by this chapter, every person convicted of a violation of any provision of this chapter shall be guilty of a civil infraction and shall be subject to a monetary penalty in the amount of two hundred fifty dollars. Each act in violation of any of the provisions hereof shall be deemed a separate offense.

B. Additional Remedies. In addition to any other remedy provided by this chapter, the city may initiate injunction or abatement proceedings or any other appropriate action in the courts against any person who violates or fails to comply with any provision of this chapter to prevent, enjoin, abate or terminate violations or to restore a condition which existed prior to the violation. The violator shall pay the costs of such action including reasonable attorneys’ fees.

C. Any person who fails to respond or appear on any violation of any provision of the Poulsbo Municipal Code set forth in this title shall be assessed a failure to respond or appear fee in the amount set forth in RCW 46.63.110(4), as the same now exists or as may be hereafter amended, which statute is incorporated herein by this reference as if fully set forth.

D. If a time pay agreement is requested, a fee of not to exceed ten dollars per charge or twenty-five dollars per payment plan may be imposed. (Ord. 2007-41 § 16, 2007)