Chapter 7.25
WATER SAFETY REGULATIONS
Sections:
7.25.030 Personal flotation device required.
7.25.070 Operator age requirements.
7.25.090 Hazard to navigation.
7.25.100 Motorized vehicles prohibited area.
7.25.110 Violation – Misdemeanor – Penalty.
7.25.120 Violation – Civil infraction – Penalty.
7.25.130 Additional provisions.
7.25.010 Intent.
The City of Spokane Valley declares that adequate water safety regulations are necessary to protect the health, safety and welfare of the public. Therefore, the intent of this chapter is to promote safe recreational use of the waterways of the City. (Ord. 03-075 § 1, 2003).
7.25.020 Definitions.
In construing the provisions of this chapter, except where otherwise plainly declared or clearly apparent from the context, words used in this chapter shall be given their common and ordinary meaning and, in addition, the following definitions shall apply:
“Buoy” means a floating device or marker anchored in the water. All buoys, except for recreational buoys, shall comply with the Uniform State Waterway Marking System (USWMS). Additionally, all buoys are subject to the Spokane County shoreline master program which is administered by the City of Spokane Valley planning department.
“Buoy line” means a straight line that would exist if drawn between adjacent buoys.
“Motorboat” means all boats and vessels that are self-propelled.
“Moving water” shall be the Spokane River within the City limits, excluding the north half of the Spokane River where Spokane County continues to have jurisdiction.
“Operate” means to steer, direct or otherwise have physical control of a vessel that is underway.
“Personal flotation device” means a buoyancy device, life preserver, buoyant vest, ring buoy or buoy cushion that is designed to float a person in the water and that has United States Coast Guard approval.
“Personal watercraft” means a vessel of less than 16 feet that uses a motor powering and water jet pump as its primary source of motive power and that is designed to be operated by a person sitting, standing or kneeling, or being towed behind the vessel, rather than in the conventional manner of sitting or standing inside the vessel.
“Shoreline” means the existing intersection of water, which includes permitted appendances, with the ground surface.
“Underway” means that a vessel is not at anchor, or made fast to the shore, or aground.
“Vessel” means every description of watercraft on the water, other than a seaplane, used or capable of being used as a means of transportation on the water. It does not include inner tubes, air mattresses, small rafts, flotation devices or toys customarily used by swimmers.
“Wake speed” means a speed not to exceed five miles per hour and not producing a wake to exceed six inches in height at its apex.
“Water skiing” means the physical act of being towed behind a vessel on, but not limited to, any skis, aquaplane, kneeboard, tube or a device that requires the use of a tow prior to release such as a surfboard or any other similar device.
“Waterway” means any waters, lake, river, tributary canal, lagoon or connecting waters within the City. (Ord. 03-075 § 2, 2003).
7.25.030 Personal flotation device required.
A. No person may operate or permit to be operated a vessel underway, unless each person 12 years of age or younger thereon is wearing a personal flotation device.
B. All persons regardless of age shall wear a personal flotation device while on moving water. (Ord. 03-075 § 3, 2003).
7.25.040 Speed restrictions.
A. No person shall operate a vessel at a speed greater than 50 miles per hour on any waterway.
B. No person shall operate a vessel in excess of wake speed within 100 feet of:
1. Any shoreline;
2. Another moving or stationary vessel;
3. Swimmer;
4. SCUBA dive flag; or
5. Buoy line.
C. No person shall operate a vessel on any waterway that has a width of 200 feet or less at its widest point at a speed in excess of wake speed within 50 feet of any:
1. Shoreline;
2. Another moving or stationary vessel;
3. Swimmer;
4. Buoy line.
D. No person shall operate a vessel on any waterway from one-half hour after sunset to one-half hour before sunrise at a speed in excess of 15 miles per hour. (Ord. 03-075 § 4, 2003).
7.25.050 SCUBA diving.
A. Any person engaged in SCUBA diving shall mark the area in which such operations are being conducted by the use of a diver’s flag, which is red with a white diagonal stripe, at least 12 by 12 inches.
B. Any person engaged in SCUBA diving operations between sunset and sunrise shall mark such location in which such operations are being conducted by the use of the diver’s flag which is illuminated and visible for a distance of one mile.
C. All persons engaged in a SCUBA operation shall remain within 50 feet of their diving flag upon surfacing. (Ord. 03-075 § 5, 2003).
7.25.060 Water skiing.
A. No person shall engage in water skiing, except on a take-off, within 100 feet of the shoreline. Any take-off from within 100 feet of the shoreline must be made outward and at right angles to the shoreline. At no time can such take-off cause risk or hazard to other vessels or persons on the water.
B. No person or persons shall engage in water skiing within 100 feet of any boat-launching ramp, motionless vessel, vessel underway, swimmer, buoy or shoreline.
C. All persons engaging in water skiing shall comply with speed and distance regulations set forth in this chapter with respect to buoy lines and shorelines during drop-offs.
D. No person operating a vessel shall follow behind a person (water skiing or being towed in any manner) closer than 300 feet nor cross the towing vessel’s bow by less than 200 feet, nor come within 100 feet of the person being towed.
E. No person shall engage in water skiing or any other recreational activity involving the act of being towed by a vessel on any waterway from one-half hour after sunset to one-half hour before sunrise. (Ord. 03-075 § 6, 2003).
7.25.070 Operator age requirements.
A. No person under the age of 10 years shall be allowed to operate a motorboat.
B. Persons 10 years of age to 14 years of age may operate a motor-driven boat of 10 horsepower or less. Persons 14 years of age and older may operate any motor-driven boat.
C. No owner of any vessel or person who is in control of a vessel shall knowingly permit the operation of such vessel upon any waterway in violation of the provisions of this section. (Ord. 03-075 § 7, 2003).
7.25.080 Buoys.
A. Speed/no-wake buoys, also known as regulatory markers, shall be placed 100 feet from the established high water mark or 75 feet from an appendance. A permitted appendance, such as a dock, shall constitute the shoreline for the purpose of this section.
B. Recreational buoys (i.e., slalom courses) shall be placed 100 feet from the established high water mark and if left unattended from sunset to sunrise shall be available for public use.
C. Mooring buoys shall be placed within 50 feet of the shoreline; provided, however, mooring buoys may be placed greater than 50 feet from the shoreline if such buoys are appropriately marked as provided for in the USWMS, illuminated and maintained with a bright flashing white light during the hours between sunset and sunrise.
D. The City police department shall attach a bright-colored notice giving the owner seven days to remove or replace any buoy in violation of the USWMS. After the seventh day, the buoy may be removed by the City police department; provided, however, the City police department may remove any buoy, at any time, without notification to its owner, when the City police department deems the buoy to be a hazard to navigation. (Ord. 03-075 § 8, 2003).
7.25.090 Hazard to navigation.
No person may place or cause to be placed any ski, swim dock, buoy or floating course in waterways that creates a hazard to navigation. (Ord. 03-075 § 9, 2003).
7.25.100 Motorized vehicles prohibited area.
A. No person shall operate a motorboat or personal watercraft on the Spokane River from its intersection with the west side of the Barker Road Bridge to its intersection with the west side of the Centennial Trail Bridge at Plante Ferry Park from April 16th to October 14th of any given year.
B. This section does not apply to police, fire, or emergency vessels in enforcement, training, or rescue. (Ord. 03-075 § 10, 2003).
7.25.110 Violation – Misdemeanor – Penalty.
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the Spokane County jail for a period of not more than 90 days, or pay a fine not more than $1,000, or by both such imprisonment and fine. (Ord. 03-075 § 11, 2003).
7.25.120 Violation – Civil infraction – Penalty.
A. In addition to or as an alternative to those provisions set forth in SVMC 7.25.110, a violation of any of the provisions of this chapter shall constitute a civil infraction subject to a monetary penalty in the amount as provided for in the Infraction Rules for Courts of Limited Jurisdiction (IRLJ).
B. For the purpose of this section, the Spokane Valley police department is the person authorized to enforce the provisions of this chapter.
C. The procedures for the issuance of a notice of infraction, hearings, assessment and payment of monetary penalties shall be in accordance with the provisions of Chapter 7.80 RCW. (Ord. 03-075 § 12, 2003).
7.25.130 Additional provisions.
The provisions of this chapter shall be in addition to and not a substitute for or limited by any other applicable laws. (Ord. 03-075 § 13, 2003).