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HomeMy WebLinkAboutOrdinance 99-093-CC GRANT COUNTY BOARD OF COMMISSIONERS Grant County, Washington ORDINANCE NO. 99-93-CC RESOLUTION NO. 99-93-CC AN ORDINANCE REPEALING ORDINANCE NUMBERS 110799, 81-106-CC, 82-113-CC, 94-86-CC, AND ENACTING A NEW SECTION TO THE GRANT COUNTY CODE BY REENACTING REGULATIONS FOR BOATING AND RECREATIONAL WATER ACTIVITIES,PROVIDING FOR THE SAFETY OF BOATS, SWIMMERS, AND OTHERS USING THE WATERS OF GRANT COUNTY,AND PROVIDING CERTAIN REGUL,ATIONS AND RESTRICTIONS ON THE USE OF SUCH WATERS, AND OTHER MATTERS PROPERLY RELATING THERETO. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF GRANT COUNTY, WASHINGTON: Section 1. Grant County Ordinance No. 110799, adopted on May 18, 1981, Grant County Ordinance 81-106-CC, adopted or�November 10, 1981, Grant County Ordinance No. 82-113-CC, adopted on December 7, 1982, Grant County Ordinance No. 94-86-CC, enacted on July 18, 1994, and any and all other ordinances and/or resolutions insofar as they are inconsistent with this ordinance, are hereby repealed in their entirety. NOW,THEREFORE,THE BOARD OF COMMISSIONERS OF GRANT COUNTY, STATE OF WASHINGTON, DO HEREBY ORDAIN AND ESTABLISH, THAT NO BOATING AND RECREATIONAL WATER ACTIVITIES BE REGULATED PURSUANT TO THE FOLLOWING ORDINANCE, CODIFIED IN THE GRANT COUNTY CODE AS A NEW CHAPTER TO TITLE 6,AS FOLLOWS: Sections: 6.08.010 Applicability. 6.08.020 Policy 6.08.030 De�nitions 6.08.040 Enforcement 6.08.050 Certificate of Numbex Required 6.08.060 Certificate of Number on Leased or Rented Vessels 6.08.070 Display of Number (U.S. Coast Guard) 1 civil8\ordinance\boating.ord 5/7/99 6.08.080 Reciprocity of Registration and Display of Numbers 6.08.090 Perform�nce Requirements for P.F.D.s 6.08.100 P.F.D. Requirements for Recreational Vessels Under 19 Feet 6.08.105 Requirements For Recreational Vessels Under 16 Feet 6.08.110 P.F.D. Requirements for Recreational Vessels 16 Feet and Over 6.08.120 P.F.D. Requirements for Commercial Vessels 6.08.130 P.F.D. Approval-Access Condition 6.08.140 Fire Extinguishers on Motorboats Less Than 26 Feet in Length Carrying Passengers for Hire 6.08.150 Fire Extinguishers on Motorboats Less Than 26 Feet in Length 6.08.160 Fire Extinguishers on Motorboats 26 Feet in Length to Less Than 40 Feet in Length 6.08.170 Fire Extinguishers on Motorboats 40 Feet in Leng�h to Not More Than 65 Feet in I,ength 6.08.180 Back-Fire Flame Arrester 6.08.200 Mufflers - Prevention of Noise 6.08.210 Operation Without Mufflers 6.08.220 Operation Without Mufflers - Permit Issuance 6.08.230 Ventilation on Motorboats or Motor Vessels, Except Open Boats 6.08.240 Ventilation - Open Motorboats 6.08.250 Sound Devices - Motorboats 16 Feet in Length to Less Than 26 Feet in Length 6.08.260 Sound Devices - Motorboats 26 Feet in Length to Less Than 40 Feet in Length 6.08.270 Sound Devices -Motorboats 40 Feet in Length to Not More Than 65 Feet in Length 6.08.280 Navigation Lights -Manually Propelled Boats 6.08.290 Navigation Lights -Requirements 6.08.300 Towing of Water Skiers -Hours 6.08.310 Towing of Water Skiers -Manner 6.08.320 Water Skiing While Intoxicated Prohibited 6.08.330 Operation of Vessel While Under the Influence 6.08.340 Vessel Speed 6.08.350 Age Requirements to Oper�te Motorbo�t 6.08.360 Mooring and Anchorage Restrictions 6.08.370 Riding on Gunwales or Bows Prohibited 6.08.380 Overloading Bo�ts Prohibited 6.08.390 Noti�cation to Sheriff of Regattas and Marine Events 6.08.400 Operation of Motorboats in Swimming Areas Prohibited 6.08.410 Operation of Vessel in a Negligent Manner 6.08.420 Swimming 6.08.430 Fishing From Docl�s 6.08.440 Skin Diving 2 civil8\ordinauce\Uoating.ord 5/7/99 6.08.450 Accident Reporting 6.08.460 Sound Sign�ls in Restricted Visibility 6.08.470 Speed in Restricted Visibility 6.08.480 Steering and Sailing Rules 6.08.490 Motorbolts Crossing 6.08.500 S�iling Vessel Right of W�y 6.08.510 Privileged Vessel Duty 6.08.520 Burdened Vessel Duty 6.08.530 Overtaking Vessels 6.08.540 Right of Way- Fishing Vessels 6.08.550 General Prudential Rule 6.08.560 Waterskiing in Canals: Oper�ting Vessels And/Or Waterskiing in C�tnals And/Or Laterals Is Prohibited 6.08.570 Rule of Good Se�manship 6.08.580 Visual Distress Signals. Requirements 6.08.590 Correction of an Especially Haz�rdous Condition 6.08.600 Punishment 6.08.610 Authority of Officers to Board Boats 6.08.620 Garbage 6.08.630 Rental of Motorboats 6.08.640 Construction 6.08.650 Special Regulations to Speci�c L�kes in Grant County 6.08.660 Special Areas —Placement of Devices 6.08.670 Marine Sanit�tion Devices (MDSs) 6.08.680 Reckless Operation 6.08.690 Failure to Stop for Law Enforcement 6.08.700 Refusal to Give Information to or Cooperate with Of�cer 6.08.710 Loading or Powering Vessel Beyond Safe Operating Ability 6.08.720 Failure of Vessel to Contain Required Equipment—Liability of Oper�tor or Owner 6.08.730 Notice, Failure to Sign, NonappearRnce—Failure to Satisfy 6.08.740 Violations of Chapter Punishable as Misdeme�nor Circumstances — Violations Designated 1s Civil Infractions 6.08.750 Operation of Personal Watercraft- Prohibited Activities - Penalties 6.08.010 Applicability: This ordinance applias to watercraft and associated equipment used, to be used, or carried in watercraft used on the waters subject to jurisdiction of the County of Grant. 6.08.020 Policy: It is the policy of Grant County to promote safety and enjoyment ofpersons using the waterways of this county. This ordinance is intended to supplement, but not to infringe 3 civil8\ordin avice\b ontiug.ord 5/7/99 upon the boating safety laws and regulations of the State of Washington and the United States. 6.08.030 De�nitions: The following terms, as used in this chapter shall lnean: (1) "Issuing Authority" means a state that has a numbering systam approved or administered by the U.S. Coast Guard. (2) "Vessel" includes every description of watercraft,excluding non-displacement craft and seaplanes, used or capable of being used as a means of transportation on water. (3) "Motorboat" includes any watercraft propelled in any respect by machinery, including those temporarily equipped with detachable motors. (4) "Operator" means a person, who is in control or in charge of a vessel while it is in use. (5) "Owner"means a person,who claiins lawfirl possession of a vessel by virtue of legal title or equitable interest therein which entitled him to such possession. (6) "Person"means an individual,firm,partnership,corporation,company,association, joint-stocic association, or government entity and includes a trustee, receiver assignee, or similar representative of any of them. (7) "Restricted Visibility" means any condition in which visibility is restricted by fog, mist, falling snow, rain, sand, dust stonns, or any other similar causes. (8) "Personal Flotation Device" (P.F.D.) means life preservers, buoyant vests, special puipose water safety devices,buoyant cushions, ring buoys, and work vests. (10) "Reporting Authority" means the same as "Issuing Authority." (11) "Sail Boat"means any watercraft propelled by means of sai1. For the purpose of this ordinance, any watarcraft propelled by means of sail and or machinery of any sort sha11 be deemed a motorboat when being propelled. (12) "Muffler" means a device consisting of a series of chambers or other mechanical designs for the purpose of receiving exhaust gas from an engine, or for the purpose of introducing water to the flow of the exhaust gas,and which is effective in reducing noise from the engine exhaust. 4 civil8tordivauce\Uoatiug.ord 5/7/99 (13) "Sheriff' means the Grant County Sheriff's Office or any duly appointed Deputy Sheriff of Grant County. (14) "Sta�e" means a state of the United States, the commonwealth of Puer�o Rico, the Virgin Islands, Guam, American Samoa, and the District of Columbia. (15) "State of Principal Use" means the state on whose waters a vessel is used or to be used most during a calendar year. (16) "Use" means to operate, navigate, or employ. (17) "Permit Racing Boats"means motorboats engaged in scheduled testing within Grant County for which authority has been�ranted by tha Grant County Sheriff,pursuant to the provisions of this chapter. (18) "Minimum Wake" means a very slow speed prodttcing almost no wake. (19) "Personal Watercraft" means a vessel of less than sixteen feet that uses a motor powering a water j et pump, as its primary source of motive power and that is designed to be operated by a person sitting, standing, or kneeling on, or being towed behind a vessel, rather than in the conventional manner of sitting or standing inside the vessel. (20) "Water Slciing"means the physical act ofbeing towed behind a vessel on,but not limited to, any slcis, aquaplane, lcneeboard, tube, or any other similar device. (21) "Darkness"means the hours�etween sunset and sunrise. (22) All other words or phrases used herein will have their commonly accepted meanings. 6.08.040 Enforcement: The Sheriff and State law enforcement agencies shall have the authority to enforce all provisions of this chapter. 6.08.050 Certificate of Number Required: (1) All vessels equipped with propulsion machinery or sail of any type, except as provided in paragraph(2)of this section,shall have a certificate of number issued by the proper issuing authority in which the vessel is principally used. The certificate 5 civil8\ordinance\Uoating.ord 5/7/99 i i I of number must be on board and available For inspection whenever the vessel is in use. (2) Certificates of number shall not be required for the following vessels: (a) Military or public vessels of the United States, except recreational-type vessels. (b) Boats owned by federal, state,or local government are not public vessels for purposes of Coast Guard inspection, but they must be identifiable as such. (c) A vessel that is used exclusively for racing, while entered in an approved racing event or exhibition. 6.08.060 Certi�c�te of Number on Le�sed or Rented Vessels: The cei-tificate of number shall not be required for vessels less than twenty-six feet (26') in length which are leased or rented for less than twenty-four (24) hours to a person for that person's non-commercial use. However, such vessel must properly display a number issued to it by the owner, and have the name of the resort on the side of the vessel. The lease or rental agreement shall state the vessel number that is on that boat, the pariod of time for which the vessel is leased or rented, and be signed by both the owner or his authorized representative and the person leasing or renting the vessel. (1) The size of the number shall be in conformity to Section .070 herein. The name of the resort sha11 be of the same letter size as the number. 6.08.070 Display of Number (U.S. Coast Guard): ( 1) Be painted on or securely attached to each side of the foi�vvard half of a vessel except on vessels so configured that a number on the hull or superstructure would not be easily visiUle. In the later case, the numbex must be permanently painted on or attached to a backing plate that is attached to the forward half of the vessel so that the number is visible from each side of the vessel. (2) Be in plain vertical block letter or numbers of not less than three inches(3')in height. (3) Be of contrasting color to the bacicground, and be visible and legible for a distance of one hundred feet (100') . (4) Have spaces or hyphens that are equal to the width of a letter other than "1" or a 6 civil8\ordinauce\U oating.ord 5/7/99 ' number other than "1" between the number and the letter grouping. Example: WN1234AB or WN1234-AB. (5) Read from left to right. When vessel is used by a manufacturer or dealer for testing or demonstration,the number may be painted on or attached to reinovable plates that are temporarily but firmly attached to each side of the forward half of the vessel. 6.08.080 Reciprocity of Registration �nd Display of Numbers: Any vessel currently licensed or registered, and in compliance with regulations, ordinances or statutes of any county of the State of Washington, and State or by U.S. Coast Guard,requiring the exhibiting of identifiable numbers in size conforming to Section 70 of this chapter of the Grant County Code shall be deemed in compliance with sections .050, .060 and .070 of�his chapter. 6.08.090 Performance Requirements for P.F.D.s: The following buoyancy weight requirements refer to adult size P.F.D.'s: (1) TYPE I P.F.D. (Life Preserver) is a device designed to turn an unconscious person in the water from a face downward position to a vertical or slightly backward position, and to have at least twenty two (22)pounds buoyancy. (2) TYPE II P.F.D. (Buoyant Vest) is a device designed to turn an unconscious person in the water from a face downward position to a vertical or slightly backward position, and to have at least fifteen and 1/2 (15.5)pounds of buoyancy. (3) TYPE III P.F.D. (Special Pui�ose Device)is a device designed to keep a conscious person in the water in a vertical position and to have at least fifteen and 1/z (15.5) pounds of buoyancy. (4) TYPE IV P.F.D. (Throwable Device)is a device designed to be thrown to a person in the water and not to be worn. It is designed to have at least sixteen and 1/2 (16.5) poundsbuoyancy. (5) TYPE V P.F.D. (Restricted Use) is a device of the work vest type used on commercial vessel. The Type V device is not acceptable on recreational vessels as an approved device. 6.08.100 P.F.D Requirements for Recreational Vessels Under 19 Feet: No person shall operate a vessel under nineteen feet in length on the waters of this state with a child twelve (12) years old and under,unless the child is wearing a personal flotation device that meets or exceeds the 7 civil8\ordivance\U oating.ord 5/7/99 i United States Coast Guard approval standards of the appropriate size,while the vessel is underway. All boats must have one TYPE I, II, or III P.F.D. of a suitable size for each person on board. For the purposes of this section, a personal flotation device is not considered readily accessible for children twelve (12) years old and under unless the device is worn by the child while the vessel is underway, The personal flotation device must be worn at all times by a child twelve(12)years old and under whenever the vessel is underway and the child is on an open decic or open cockpit of the vesseL The following circumstances are excepted: (1) While a child is below deck or in the cabin of a boat with an enclosed cabin; (2) While a child is on a United States Coast Guard inspected passenger-carrying vessel operating on the navigable waters of the United States. 6.08.105 Requirements For Recreational Vessels Under 16 Feet: All boats less than sixteen (16) feat in length and all canoes and kayaks, must have one TYPE I, II or III P.F.D. of a suitable size for each person on bo�rd; including water skiars being towed by vessel. 6.08.110 P.F.D. Requirements for Recreational Vessels 16 Feet and over: All boats sixteen feet(16') or over in length must have one TYPE I, II, or III (wearable) P.F.D. of a suitable size for each person on board; including water skiers being towed by vassel. Also one TYPE IV (Throwable) P.F.D. must be aboard each vessel. Canoe and kayak boats are not required to have a TYPE IV P.F.D. All P.F.D.s must be U.S. Coast Guard approved, in serviceable condition, and of an appropriate size for the person who intends to wear it. 6.08.120 P.F.D. Requirements for Commercial Vessels: (1) Every commercial vessel less than forty feet (40) in length which does not carry passengers for hire shall have at least one (1) TYPE I, TYPE II, or TYPE III (wearable) P.F.D. for each person on board such vessel. (2) Every commercial vessel carrying passengers for hire and each commercial vessel forty feet(40') or more in length not carrying passengers for hire shall have at least one (1) TYPE I P.F.D. for each person on board such vessel. (3) Tnspected vessels carrying passengers for hire must carry, unless the service is such that children are never carried, a number of TYPE I P.F.D's of child's size equal to at last ten percent (10%) of the total number of persons carried. (4) Each vessel twenty-six feet (26') or more in length must have at least one (1) ring 8 civil8\ordivauce\U oltivg.ord 5/7/99 buoy in addition to the P.F.D.'s required in paragraphs 1, 2, and 3 of this section. (5) Persons under seven(7)years of aga shall wear at least a TYPE III P.F.D. at all times when the vessel is underway. 6.08.130 P.F.D. Approval- Access Condition: (1) A11 P.F.D.'s shall be approved by the United States Coast Guard. (2) All P.F.D.'s shall be placed on vessels so as to be readily accessible in case of emergency. Examples of P.F.D's NOT readily accessiUle are those located in a locked locker and those stored under an anchor,anchor line,blanlcets,or enclosed in the manufacturer's plastic container. (3) All P.F.D's shall be in good serviceable condition. (4) Type IV P.F.D.'s shall be immediately available on recreational vessels 16 feet or more in length. (5) All P.F.D.'s shall be suitable size for each person on board. 6.08.140 Fire Extinguishers on Motorboats Less Than 26 Feet in Length Carrying Passengers for Hire: Eveiy motorboat less than twenty six feet(26') in length that has any of the following conditions shall be equipped with one (1) U.S. Coast Guard approved Type B-1 Fire Extinguisher: (1) Motorboats with closed compartments under thwarts or seats wherein portable fuel tanks are stored. (2) Motorbo�ts with double bottoms not sealed to the hulls,or which are not completely filled with flotation material. (3) Motorboats with closed living spaces. (4) Motorboats with closed-stowage coinpartments in which combustible or flammable materials are stowed. (5) Motorboats with permanently installed fiiel tanlcs. 9 civil8\ordinanoe\Uoating,ord 5/7/99 i I i 6.08.150 Fire Extinguishers on Motorboats Less Than 26 Feet in Length: Every motorUoat less than twenty-six feet(26')in length that has any of the following conditions shall be equipped with one(1)U.S. Coast Guard approved Type B-1 Fire Extinguisher in good serviceable condition. � I (1) Motorboats with closed compartments under thwarts or seats wherein portable fuel tanks are stored. '� (2) Motorboats with double bottoms not sealed to the hulls,or which are not completely ' filled with flotation material. (3) Motorboats with closed living spaces. (4) Motorboats with closed-stowage compartments in which combustible or flammable materials are stowed. (5) Motorboats with permanently installed fuel tanks. 6.08.160 Fire Extinguishers on Motorboats 26 Feet in Length to Less Than 40 Feet in Length: Every motorboat not less than twenty-six feet(26') in length but less than forty feet(40') in length shall be equipped with at laast two (2) U.S. Coast Guard approved Type B-1 Fire Extinguishers or one (1) U.S. Coast Guard approved Type B-11 Fire Extinguisher. 6.08.170 Fire Extinguishers on Motorboats 40 Feet in Length to Not More Than 65 Feet in Length: Every motorboat not less than forty(40)feet in length but not more than sixty-five (65)feet in length shall be equipped with at least three(3)U.S. Coast Guard approved Type B-1 Fire Extinguishers or one (1) U,S. Coast Guard approved Type B-11 Fire Extinguisher. 6.08.180 Motorbo�ts Equipped with Fixed Fire Extinguisher: An approved fixed fire extinguisher in the engine compartment of a motorboat substituted for one (1) Type B-1 Fire Extinguisher otherwise required by this chapter. 6.08.190 Back-Fire Flame Arrester; Every motorboat equipped with inboard engines installed after Apri125, 1940, shall be equipped with a U.S. Coast Guard approved bacic-fire flame arrester for each carburetor except: ' (1) Engines accepted for use without a flame arrester and so labeled by the U.S. Coast Guard. 10 civil8\ordinauce\Uoating,ord 5/7/99 (2) Situations where attachments to air intake system or location of the engine will disperse back-fire flame to the open atmosphere clear of the vessel,persons on board, and nearby vessel and structures. (3) Engines using a fiiel with a flash point of over one hundred ten degrees (110°) Fahrenheit. 6.08.200 Mufflers-Prevention of Noise: Every motorboat,except permit racing boats,and motorboats engaged in an organized event, shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise, and no person shall use a muffler cutout, bypass, or similar device upon any motorboat used inside Grant County. A maximum noise level of seventy-four (74) dba at the shoreline shall not be exceeded, except for permit racing boats, and motorboats engaged in organized events. 6.08.210 Operation Without Mufflers: Tha operation of motorboats on watars subject to the jurisdiction of Grant County which are engaged in scheduled testing within Grant County shall be permitted without a muffler in good worlcing order and in constant operation on the issuance of a permit therefor issued by the Sheriff. Application for such permit shall be submitted to the Sheriff at least ten (10) days in advance of the commencement of such proposed testing and shall contain all information required by this chapter of Grant County Code. 6.08.220 Oper�tion Without Mufflers - Permit Issuance: (1) Upon determination by the Sheriff or designee that an application for a permit to operate motorboats without a mufflar in good worlcing order and in constant operation, �ursuant to this chapter of Grant County Code is accompanied by all information required by this chapter of Grant County Code, the Sheriff or designee shall issue such permit for a period not to exceed ten(10) days. (2) Such permit shall contain such conditions and requirements as the Sheriff shall determine to be necessary to adequately protect the public health,safaty and welfare, and shall contain the �ollowing provisions: (a) The specific water area covered by the permit. (b) The name and/or registration number of every motorboat which may operate under the permit. (c) The number and nature of patrol, safety and tow vessels to be present during the permitted activity. 11 civil8\oidivance\Uo ating,ord 5/7/99 (d) The duration of the permit. (e) The days of the week during which the motorboats may test shall be limited to Mondays through Fridays. (� The hours of the day during which the motorboats may test shall commence at 10:00 a.m. and shall terminate at 5:00 p.m. (g) The number of motorboats permitted to particip�te per day. 6.08.230 Ventil�tion on Motorboats or Motor Vessels, Except Open Boats: Every inotorboat or motor vessel, except open motorboats which use fuel having a flash point of less than one hundred ten degrees (110°) Fahrenheit, shall have at least two (2) ventilator ducts, fitted with cowls or their equivalent, for the efficient removal of explosive or flammable gases from bilges in every engine and fuel-tank compartment. There shall be at last one(1)exhaust duct installed so as to extand from the open atmosphere to the lower portion of the bilge, and at least one(1)intake duct installed so as to extend to a point at least midway to the bilge or at least below the level of the carburetor air intake. The cowls shall be located and trimmed for maximum effectiveness in such a manner as to prevent displaced gases from being recirculated. 6.08.240 Ventil�tion - Open Motorboats: Open motorboats are not required to be ventilated, provided each of the five following conditions are met: (1) Engine and fuel tank compartments shall have a minimum of fifteen (15) square inches of open area directly exposed to the atmosphere for each cubic foot of net compartment volume, (2) All such coinpartments must have at least one(1) squ�re inch of open area per cubic foot, within one (1) inch of the coinpartment bilge level or floor, so that any vapors present will drain into open areas. (3) There must be no long or narrow unventilated spaces accessible from such compartments in which a flame could propagate. (4) Long,narrow compartments(such as side panels)if joining engine compartments or fuel compartments and serving as ducts thereto,shall have at least fifteen(15)square inches of open area per cubic foot provided by frequent opening along the full langth of the compartment forward. 12 civil8\ordinlnce\UoaHug,ord 5/7/99 (5) Coast Guard approved at time of manufacture. 6.08.250 Sound Devices - Motorboats Less Than 26 Feet in Length: Eveiy motorboat less than twenty-six feet (26') in length shall be equipped with one (1) inouth, hand, or powered operated whistle or horn capable of producing a steady two(2)second blast audible at least one-half (%z) mile. 6.08.260 Sound Devices-Motorboats 26 Feet iu Length to Less Than 40 Feet in Length: Every motorboat not less than twenty-six feet (26') but less than forty feet (40') in length shall be equipped with one(1)hand or power operated whistle or horn capable of producing a steady two(2) second blast audible at least one(1)mile,and one(1)bell which,when strucic,produces a clear,bell- like tone. 6.08.270 Sound Devices -Motorboats 40 Feet in Length to Not More Than 65 Feet in Length: Every motorboat not less than forty feet (40') but not more than sixty-five feet (65') in length shall be equipped with one (1)power operated whistle or horn audible at least one (1)mile, and one (1)bell, which, when struck,produces a clear,bell-like tone. 6.08.280 N�vig�tion Lights - Manually Propelled Boats: Every vessel, whether under oars or similar propulsion, underway from sunset to sunrise, or at such times as vision is less than five hundred feet (500') shall be equipped with a battiery or electric hand lantern or similar device capable of showing a white light,which,shall be temporarily exhibited in sufficient time to prevent collision. The light shall be visible for a minimum of three hundred feet (300'). 6.08.290 Navigation Lights - Requirements: (1) Every motorized vessel less than twenty-six feet(26')in length that is underway after sunset and before sunrise, or at such times as visibility is less than fifty feet (50') shall be equipped with the following lights: (a) A bright white light aft to show all around the horizon(thirty-two points of the compass) and be visible for two (2) miles. (b) A combination light in the forepart of the vessel that is lower than the white light aft. The combination light which shows green to starboard and a red to port, is fixed to throw the light fiom dead ahead to two (2) points abaft the beam on respective sides and shall be visible for a distance of one (1)mile. (2) Eveiy motorized vessel that is greater than twenty-six feet (26') in length but less 13 civil8\ordiunuca\Uoating,ord 5/7/99 than sixty-five feet(65')in length that is underway after sunset and before sunrise or at such times as visibility is less than five hundred feet(500'),shall be equipped with the following lights: (a) A Uright white light in the forepart of the vessel as near the stem as practicable. This light shall show an unbrolcen light over a twenty-point arc of horizon and shall be so located so as to show right ahead and two points abaft the beam on either side, visible for two (2)miles. (b) A second bright white light aft,fixed higher than the white light forward and visible all around the horizon, visible for two (2) miles. (c) Separate lights showing from right ahead to two (2)points abaft the beam on either side, these lights showing green on the starboard side and red on the port side visible for one (1) mile. These side lights shall be fitted with inboard screens that are high enough to keep the lights from being seen across the bow. (3) Vessels less than twenty-six feet (26') in length, when propelled by sail alone, underway after sunset and before sunrise, or at such times as visibility is less than five hundred feet (500') shall be equipped with the following lights. (a) A combination light in the forepart of the vessel visible for one (1) mile which shows green to starboard and red to port showing from right ahead to two points abaft the beam on either side of the vessel. (b) A white twelve-point stern light visible for at least two (2)miles is optional. If there is no twelve-point light, there shall be a battery or electric hand lantern or similar device capable of showing a bright white light which shall be temporarily exhibited in sufficient time to prevent a collision. (4) Vessels greater than twenty-six feet(26')in length but not more than sixty-five feet (65'), when propelled by sail alone, underway after sunset and before sunrise, or at such times as visibility is less than five hundred feet (500'), shall be equipped with and exhibit the following lights: (a) Separate side lights visible for one (1) mile showing green on the starboard side and red on the port side. 14 civil8\ordivance\bo ating,ord 5/7/99 i (b) A white twelve-point stern light visible for at least two (2)miles is optional. If there is no twelve-point light, there shall be a flashlight or lantern carried ready to be exhibited in time to prevent a collision. 6.08.300 Towing of Water Slciers - Hours: No person shall operate a vessel for the purpose of towing a person on waterslcis, surfboard or similar device at any time during a period of one (1) hour after sunset to one (1) hour before sunrise. This section shall not apply to persons engaged in a professional exhibition or to persons engaged in an activity which has been exempted from the requirements of this section by the Board of County Commissioners. 6.08.310 Towing of Water Skiers - Manner: (1) No person shall operate or manipulate any vessel,tow rope or other device,by which the direction or location of a person on water skis, surfboard or similar device may be affected or controlled in such manner as to endanger any person or property. (2) No person or peisons shall engage in water skiing or be towed on a surfboard or similar device with three hundred feet (300') of any boat launching ramp or within one hlmdred feet (100') of any anchored vessel, trolling vessel, swimmer or swimmers, objects fixed or floating,including without limitation,docl�s, swimming platforms or other activity or in the water except as permitted by sub-section hereof. (3) Except on safe talce-offs, vessels with skiers under tow, a skier must lceep one hundred feet (100') or more from shore, except in duly authorized waterski tournaments,exhibitions or trials. A talce off will not be considered safe unless it can be accomplished without risk to any swimmers or craft. Skiers must be piciced up by a vessel before coming within one hundred feet (100') of shore; provided,when safe,the skier may come within less than one hundred feet(100')from the shoreline in the process of landing. (4) Counter-Clock Wise Operation of Motorboats and Skiers: On all waters where circular traffic pattern is possible, motorboats having in tow a person or person on water slcis, aquaplane, or similar contrivance shall be operated at all times in a counter-clocicwise direction. All vessels towing water skiers from the shoreline, floating dock, or ski platform, and returning to same, shall proceed in a counter- clockwise direction. (5) All vessels taking off with skiers from within one hundred feet(100')of the shoreline shall take off as straight as practical fiom shore. On both talce off and landings, 15 civil8\ordinnnce\Uontiug.ord 5/7/99 I vessels and skiers shall lceep as far distant as possible from adjoining docics, floats, and shoreliiie. (6) No vessel shall follow behind a person being towed on slcis, surfboard or other devices closer than three hundred feet(300'),nor come within less than two hundred , feet(200') of the person being towed. ' (7) No person shall operate a vessel towing a person or persons on water skis, � surfboard, or similar device unless another competent person in the vessel is continuously observing the person being towed and the observer shall , continuously observe the persons or persons being towed and shall display a flag iinmediately after the towed person or persons fall into tha 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 color,measuring at least twelve inches (12") square, mounted on a pole not less than twenty- four inches (24") long and displayed as to be visible from every direction: PROVIDED, That this paragraph shall not apply to vessels: (a) Used by water ski schools in the giving of instructions; and (b) Used in duly authorized water slci touinaments, competition expositions, or trials. (8) It shall be unlawful for any person or persons to be towed on water slcis, surfboard, or similar device without an approved U.S. Coast Guard Personal Flotation Device (P.F.D.). (9) Person or persons who are actively involved in an approved competition event shall wear aii accepted personal flotation device. 6.08.320 Water Slciing While Intoxicated Prohibited: No person shall ride or manipulate any water ski, surfboard, or similar device while undez the influence of any intoxicating liquor, narcotic drug,barbiturate,marijuana,or any other controlled substance as defined by chapter 69.50 RCW. 6.08.330 Operation of Vessel While Under the Influence: (1) It shall be unlawful for a person to operate a vessel on the waters of Grant 16 civil8\ordinauce\boatiug.ord � 5/7/99 � I I County while under the influence of intoxicating liquor and/or any drug. A person is considered to be under the influence of intoxicating liquor or any drug if: (a) The person has 0.08 grams or more of alcohol per two hundred ten(210)liters of breath, as shown by analysis of the persons's breath as defined in RCW 46.61.506; or (b) The person has 0.08 percent or more by weight of alcohol in the person's blood, as shown by analysis of the person's blood as defined in RCW 46.61.506; or (c) The person is under the influence of or affected by intoxicating liquor or any drug; or (d) The person is under the combined influence of or affected by intoxicating liquor any drug. (2) The fact that any person charged witl� a violation of this section is or has been entitled to use such drug under the laws of this State shall not constitute a defense against any charge of violating this section. A person cited under this section may upon request be given a breath test for breath alcohol or may request to have a blood sample talcen for blood alcohol analysis. An arresting law enforcement officer shall administer field sobriety tests when circumstances permit. (3) It is an affirmative defense to a violation of subsection (1)(a) and (b) of this section which the defendant must prove by a preponderance of the evidence that the defendant consumed a sufficient quantity of alcohol after the time of operating a vessel and before the administration of an analysis of the person's breath or blood to cause the defendant's alcohol concentration to be 0.08 or more within two (2)hours after operating a vessel. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense. (4) Analyses of blood or breath samples obtained more than two (2)hours after the alleged operation of a vessel may be used as evidence that within two(2)hours of the alleged operation of a vessel a person had 0.08 grams or more of alcohol per two hundred ten(210) liters of breath or 0.08 percent or more of alcohol in the person's blood, pursuant to subsection (1)(a) and (b) of this section, and may be used as evidence that a person was under the influence of or affected by intoxicating liquors 17 civil8\ordinance\b oating,ord 5/7/99 or any drug pursuant to subsection(1)(c) and(d) of this section. (5) A violation of this section is a misdemeanor, punishable as provided under section .600 of this chapter of the Grant County Code. In addition, the court may order the defendant to pay restitution for any damages or injuries resulting from the offense. 6.08.340 Vessel Speed: (1) No person shall operate a vessel at a speed greater than that which will permit the operator to bring said vessel to stop to avoid injury to persons or property. The operator of a vessel is responsible for its walce at all times, (2) No person shall operate a vessel on plane within one hundred feet(100')of other vessels, designated or marked swimming areas, any object fixed or floating, including without limitation, docks, swimining platforms. (3) No person shall operate a vessel on plane within three hundred feet (300') of a boat launching ramp. 6.08.350 Age Requirements to Operate Motorboat: Tt shall be unlawful for a minor under the age of fourteen(14) yea�s to operate or be permitted, by the owner or person having charge of a motorboat, to operate a motorboat,powered by an engine of ten(10)horsepower or more unless accompanied by a person who is lagally capable of operating such motorboat. It shall be unlawFul for a minor ten(10)years of age or under to operate or be permitted to operate a motorboat in excess of four (4) horsepower. 6.08.360 Mooring and Anchorage Restrictions are hereby amended to read as follows: It shall be unlawful to anchor any vessel within,or near a narrow channel,or any established or heavily traveled area, except: (1) When such vessel is anchored in an established anchorage area; and (2) When such vessel poses no obstacle to the free movement and safety of other vessels or persons; and (3) When such vessel is anchored,it must displ�y after sunset and befoxe sunrise,a white light visiUle all around the horizon. 18 civil8\ordinauce\bontiug.ord 5/7/99 6.08.370 Riding on Gunw�les or Bows Prohibited: No operator of any vessel shall allow any person to ride or sit on either the starboard of port gunwale or on the decicing over the bow, or on seat bacics, or cabin tops while underway except while in the act oFmooring or casting off. 6.08.380 Overloading Boats Prohibited: No person shall overload a boat bayond its safe carrying capacity rating, talcing into consideration weather and other normal operating conditions. Capacity plates are required on all boats less than twenty feet(20')in length constructed on or after Noveinber 1, 1972. Capacity plates state the boat maximum weight capacity, maximum persons capacity and for outboard powered boats,the maximum horsepower, Exceptions to this requirement are sailboats, canoes, kayaks and inflatable boats. 6.08.390 Noti�cation to Sheriff of Regattas and Marine Events: (1) The Grant County Sheriff shall be notified in advance of the holding of any regatta, marine event, race, tournament, exhibition or activity requiring the placement of buoy or marking devices on any waters in Grant County. Persons or organizations desiring to sponsor such events shall give notice to the Grant County Sheriff at least fifteen(15)days in advance of the commencement of such activity. Such notice shall be submitted to the Grant County Sheriff through the utilization of the Marine Event Permit Application (former Floating Course Permit), including the following: (a) The waters and gener�l area where the event shall be held. (b) The location of buoys or other marking devices placed upon the waters, to close off waters of race course, or other water sport events with proper approval. (c) The provisions made by the sponsors for patrolling to prevent unauthorized entry by non-participants into the area of the event. (d) The rescue and safety measures that shall be provided to insure the safety of participants and others. (e) The dates of such events, including the dates of trial practice or preliminary eveiits. (� The number of rescue vessels along with the number of rescue personnel being furnished by the sponsoring organization or person to patrol the event. 19 civil8\ordivauce\boating,ord 5/7/99 (g) Such other information as the Sheriff may require to fully inform him of the nature and extent of such event. (2) Whenever a private citizen desires to establish a floating course he/she shall file a Marine Event Permit Application with the Sheriff s Office. (3) The Marine Event Permit Application shall set forth the location and duration of the course, together with the following information: a.) The name, physical and mailing address, and home and worlc telephone numbers of the person or persons in charge of the event. b.) The nature and purpose of'the event. c.) Information as to general public interest. d.) Estimated number and type of vessels participating in the event. e.) Estimated number and type of spectator vessels. f.) Nuinber of vessels being furnished by sponsoring organizations to patrol the event. g.) A time schedule and description of events. h.) A section of a chart or scale drawing showing the boundaries of the event, various water courses or areas to be used by the participants, officials and spectator vessels. i.) Information regarding liability insurance required for all events, including without limitation: insurance company;policy number; and expiration date. A copy of said liability insurance policy shall be attached to the permit application. Minimum amounts of liability coverage may be required for a speci�c type of event as determined by the Sheriff or designee. j.) Numbar of rescue vessels along with the number of rescue personnel being furnished by sponsoring organization or person to patrol the event. (4) Competitors in any race, regatta or trial ar other marine event authorized by the 20 civil8\ordinauce\b oating.ord 5/7/99 Sheriff shall be exempt from the provisions of this chapter with regard to spead while on an authorized racing course and from provisions of this chapter concerning equipment and noise. These exeinptions are exclusive and shall apply only while an operator of a vessel is engaged in an authorized race, regatta or trial. (5) It shall be unlawful for any person to conduct any regatta, marine event, race, tournament or exhibition on the waters of Grant County unless he/she shall have had a marine event perinit issued to him as provided by this section. (6) Any person, firm, or corporation who violates, disobeys, omits,neglects, or refuses to comply with or who resists enforcement of any of the provisions of this chapter shall be guilty of a inisdemeanor and shall be fined in a sum not to exceed one thousand dollars or imprisoned in the county jail for a term of not exceeding ninety days or by both fine and imprisonment, for each offense. (7) All owners of property which the course may border must be contacted and the property owner must sign the Marine Event Permit Application indicating that they do not have an obj ection to the activity. (8) Any floating course shall be required to be marked by a quick flashing yellow light placed in the start gate of the course between the hours of sunset and sunrise. In lieu of the flashing yellow light, a course may be removed by sunset each day,unless the course is designed to be of a type which can be sunken to a depth of at least six feet (6') below the surface of the water. (9) No portion of the course shall be installed within one hundred feet (100') of any obj ect,fixed or floating,or the shoreline,without prior authorization from the Sheri�f or designee. 6.08.400 Operation of Motorboats in Swimming Areas Prohibited: No person shall operate a motorboat within water areas which are clearly marlced by buoys or some other distinguishing device as a bathing or swimming area. 6.08.410 Operation of Vessel in a I�egligent lilanner: A person shall not operate a vessel in a negligent manner. For purposes of this section, to "operate in a negligent manner"means operating a vessel in disregard of careful and prudent operation, or in disregard of careful and prudent rates of speed that are no greater than is reasonable and proper under the conditions existing at the point of operation, talcing into 21 civil8\ordiunnce\Uoating.ord 5/7/99 �,ccount the amount and character of traffic, size of the lake or body of water,freedom,from obstruction to view ahead, effects of vessel walce, and so as not to unduly or unreasonably endanger life, limb, property or other rights of any person entitled to the use of such water. Except as provided in Section.770 of this chapter, a violation of this Section is an infraction under Section .600 of this chapter. 6.08.420 Swimming: It shall be unlawful for any person to swim: (1) More than one hundred feet (100') from shore unless the swimmer is accompanied by a vessel or unless in an area specifically designated as a public swimming area. (2) In any body of water which is posted as no swimming by public legal authority. (3) Around or near launch rainps, and docks connected to such for the purpose of launching boats. 6.08.430 Fishing From Docks: It shall be unlawful for any person or persons engaged in fishing to fish from a public dock when such fishing might interfere with launching or operation of a boat. 6.08.440 Sl�in Diving: It shall be unlawful for any person or persons to be engaged in skin diving unless there is situated at the place where the diving is conducted either a vessel that is anchored or marking flag, such flag shall be red and white and at minimum of three feet (3')high, that is clearly visible a distance of three hundred feet(300'). 6.08.450 Accident Reporting: (1) In the case of collision, accident or other casualty involving a vessel, it shall be the duty of the operator, if and so far as he can do so without serious danger to himself or persons aboard, to render such assistance as may be practical and necessary to other persons affected by the collision, accident or casualty. (2) Any person who complies with this section or who gratuitously and in good faith renders assistance at the scene of vessel collision accident, or casualty, without objection of any person assisted, shall not be held liable for any civil damages as a result of the rendering of assistance or for any act or comrnission in providing or arranging salvage,towage,medical treatment,or other assistance where the assisting person acts as an ordinary, reasonable prudent person might act under the same or similar circumstances. 22 civi 18\ordinauce\Uo ltiug,ord 5/7/99 (3) The operator of any vessel which is involved in an accident resulting in property damage or personal injury shall stop and give his name and address to any injured person and to the owner or operator of the vessel or property damaged,PROVIDED, that iF the operator is unable to locate the owner or operator he shall leave in a conspicuous place on the vessel or other property damaged a written notice giving his name and address. (4) When, as a result of an occurrence that involves a vessel or its equipment, a person dies or disappears from a vessel,the operator shall,without delay,notify the nearest U.S. Coast Guard Station, and the Sheriffs Office of: (a) The date, time and exact location of the occurrence. (b) The name of each person who died or disappeared. (c) The number and/or name of the vessel or vessels involved. (d) The names and addresses of the owner and operator of the vessel or vessels involved. If the operator cannot give this notice, each person on board shall notify proper authorities, or determine that such notice has been given. (5) The operator of a vessel involved in an accident shall submit the BOATING ACCIDENT REPORT FORM (CC-3865) within forty-eight (48) hours of any accidant in which: (a) A person dies within twenty-four(24)hours. (b) A person loses consciousness or receives medical treatment or is disabled for more than twenty-four(24)hours. (c) A person disappears from a vessel under circuinstances that indicate death of injury. Accidents must be reported within two (2) days if damage to the vessel and other property totals more than Two Hundred and No/100 Dollars ($200.00). 6.08.460 Sound Sign�ls in Restricted Visibility: During any period of restricted visibility, 23 civil8\ordinauca\Uoating.ord 5/7/99 i whether during day or night the following signals shall be used: (1) Motorboats underway shall sound, at intervals of not more than one (1)minute, one � (1)prolonged blast of the whistle or horn. (2) Sailing vessels underway shall sound, at intervals of not more than (1) one minute, one(1)blast when on the starboard tack and two(2)blasts in succession when on the ! port tacic; and when the wind is abaft the beam,three (3)blasts in succession of the � whistle or horn. �i (3) Rafts and other craft not otherwise herein provided for, navigated by hand power, horse power or by water current shall sound a blast of the whistle,or horn at intervals of not more than one (1)minute. (4) Motor vessels, when towing, shall, instead of signals provided in paragraph (a) of this section, shall sound at intervals of not more than one(1)minute three (3)blasts in succession;namely one (1)prolonged blast followed by two (2)blasts. A vessel towed may give this signal and shall not give any other. 6.08.470 Speed in Restricted Visibility: (1) Every vessel while operating in restricted visibility shall go to a moderate speed, having a careful regard to the axisting circumstances and conditions, and shall be able to stop one-half(%Z) the distance of available visibility. (2) A motorboat or vessel hearing, apparently forward of her beam, the fog signal of a vessel the position of which is not certain shall, so far as circumstances permit, stop her engine, and then navigate with caution until the danger of collision is over. 6.08.480 Steering and Sailing Rules: (1) The risk of collision can, when circumstances permit, be ascertained by carefully watching the compass bearing of an approaching vessel. If the bearing does not appreciably change, such risk should be determined to exist. (2) When two (2) sailboats are approaching one another, to avoid the rislc of collision, one shall keep out of the way of the other as follows: (a) A sailboat which is running free shall keep out of the way of a sailboat which 24 civil8\ordi»ance\Uo�ting,ord 5/7/99 is close hauled. (b) A sailboat which is close hauled on the port tack, shall keep out of the way of a sail boat which is close hauled on the starboard tack. (c) When both are running free, with the wind on different sides, the sailboat which has the wind on the port side shall lceep out of the way of the other. (d) When both are running free, with the wind on the same side, the sailboat which is to windward shall keep out of the way of the sailboat which is to the leeward. (e) A sailboat which has the wind aft shall lceep out of the way of other sailboats. 6.08.490 Ndotorbo�ts Crossing: When two(2)motorboats are crossing so as to involve risk of collision, the vessel which has the other on her starboard side shall keep out of the way of the other. 6.08.500 Sailing Vessel Right of W�ty: When a motorboat and a sailboat are proceeding in such a direction as to involve rislc of collision, the motorboat shall keep out of the way of the sailboat, except with the sailing vessel is overtaking the motorboat from behind. 6.08.510 Privileged Vessel Duty: Whenever,under this chapter, one of the two vessels is to keep out of the way, the other is to maintain her course and speed. 6.08.520 Burdened Vessel Duty: (1) Every vessel which is directed by this ordinance to keep out of the way of another vessel shall, if the circumstances pennit, avoid crossing ahead of the other. (2) Every vessel which is directed by this ordinance to keep out of the way of another vessel shall, on approaching her, if necessary, slacicen speed or stop, or reverse. 6.08.530 Overtaking Vessels: (1) Not withstanding anything contained in this ordinance, every vessel overtalcing another, sha111�eep out of the way of the overtalcen vessel. (2) Every vessel coming up on another vessel from any direction more than two points 25 civil8\oidivance\U oating.ord 5/7/99 aft he�r beam; that is, in such a position, with reference to the vessel which she is overtaking that at night she would be unable to see the other vessel's sidelights,shall be deemed to be overtalcing vessel, and no subsequent alteration of the bearing between the two vessels shall malce the overtaking vessel a crossing vessel within the meaning of this ordinance or relieve her of the duty of lceeping clear of the ovei�taken vessel until she is finally past and clear. (3) If the overtaking vessel is uncertain whether she is forward or aft from this direction from the other vessel, she should assume that she is the overtalcing vessel and keep out of the way. 6.08.540 Right of Way-Fishing Vessels: Vessels underway shall keep out of the way of sailboats or boats fishing with nets,lines,or trawls. This section shall not give to any vessel or boat engaged in fishing the right of obstructing a channel used by vessels other than fishing vessels. 6.08.550 General Prudential Rule: In obeying and construing this ordinance, due regard shall be had to all dangers of navigation and collision and to any spacial circumstances which may render a departure from it necessary in order to avoid immediate danger. 6.08.560 Waterskiing in Canals: Operating Vessels And/Or Waterskiing In Canals And/Or Laterals Is Prohibited: No person or persons shall operate any vessel in, or watarslci in, or tow any water slcier in or from along the banks of any canal or lateral. 6.08.570 Rule of Good Seamanship: Nothing in this chapter shall exonerate any vessel, or the owner, operator or crew thereof, from the consequences of any neglect to carry lights or signals, or of any neglect to keep a proper loolcout, or the neglect of any precaution which may be required by the ordinary practice of operation, or by special circumstances of the case. 6.08.580 Visual Distress Signals. Requirements: (1) Visual Distress Signals Requirements: On boats sixteen feet(16') or more in length or carrying six(6)or less passengers for hire,certified or approved U.S.Coast Guard visual distress signals in the proper number must be carried for both day and night use. For boats less than sixteen (16') feet in length operating at night, only U.S. Coast Guard Certified or approved signals for night use must be carried. The three (3) exceptions are: (a) Boats competing in an organized and approved marine parade, regatta race 26 civil8\ordiu�nceW oatiug.ord 5/7/99 'I � i or similar event. (b) Manually propelled boats. (c) Sailboats under twenty-six feet (26') in length with completely open construction and without propulsion machinery, 6.08.590 Correction of an Especially Hazardous Condition: (1) If the Shariff/Peace Officer observes a vessel being used with insufficient personal flotation devices or insufficient firefighting equipment or in an overloaded condition or other u�isafe condition as defined in this section, and in his judgment such use creates an especially hazardous condition, he may direct the operator to talce whatever immediate and reasonable action may be necessary for the safety of those aboard the vessel, including directing or towing the operator to shore until the situation creating the especially hazardous condition is corrected or ended, (2) For the purpose of this section, "under unsafe condition" means a boat which: (a) Does not display the navigation lights required (sunset to sunrise), or (b) Has fuel leakage from either the fuel system or engine, or (c) Has an accumulation of fuel in the bilges or compartment other than a fuel tank, or (d) Does not meet the requirements for backfire flame control, or (e) Does not meet the ventilation requirements for fuel tanlcs and engine spaces. 6.08.600 Punishment: Any person who violates any of the sections of this chapter designated as a misdemeanor shall be deemed guilty of a misdemeanor and,upon conviction thereof, shall be punished by imprisonment in the county j ail for a maximum term fixed by the court of not more than ninety (90) days, or by a fine in an amount fixed by the court of not more than One Thousand and No/100 Dollars ($1,000.00)per violation, or both such imprisonment and fine. Failure to comply with any of the other provisions of this chapter not designated as a misdemeanor is a civil infraction and shall subject the violator to the penalty of Ninety-Five and No/100 Dollars ($95.00) for each offense. 27 � civil8\ordivauce\U oating.ord 5/7/99 ' I I � � CITATION PROCEDURE- The procedures for issuance of a Notice of Infraction, hearings, assessments and payment of monetary penalties, shall be in accordance with the provisions of chapter 7.80 RCW. Hearings on Notices of Infractions issued pursuant to this chapter shall be held in the Grant County District Court. 6.08.610 Authority of Of�cers to Board Boats: The Sheriff or Peace Officer is hereby given the authority to board any vessel found occupied on the waters of the County of Grant for the purpose of inspection and enforcement of this ordinance. Provided,said Sheriff or Peace Officer has reasonable grounds to believe a safety and/or equipment violation exists. 6.08.620 Garbage: It shall be unlawful for any person, while on any watercraft or any person while on the shores or on any structure extending onto a waterway, to throw or discard into the waters any waste, debris, refuse, oil, garbage or other fluids or solid materials which in any manner tend to pollute said water. 6.08.630 Rental of Motorboats: (1) Any person engaged in the business of renting motorboats shall lceep a record of the name and address of the person or persons hiring any motorboat, the motorboat's identification number,the departure time and the expected time of return. The record shall be preserved for at least two (2)years and shall be available for inspection by the Sheriff at all reasonable hours. (2) Any motorboat offered for rent to the public shall have on the vessel clearly marked the name of such resort or business that has rented such vessel. (3) Any motorboat offered for rent to the public may be inspected by the Sheriff at least once each year for determining compliance with applicable laws and regulations. 6.08.640 Construction: If any provision of this chapter,or its application to any person or circumstance,is held invalid,the remainder of the chapter or the application of the provision to other persons or circumstances, shall not be affected. 6.08.650 Special Regulations to Speci�c L�kes in Grant County: (1) Banks Lake: It shall be unlawful for any person or persons to operate a vessel at a speed in excess of minimum wake speed in any areas marked with buoys or logs as a speed restricted area. 28 civil8\ordivance\Ua atiug.ord 5/7/99 (2) Blue and Park Lal�e: Water slciing shall be permitted on Blue and Park Lalce in a counter clockwise direction. It shall be unlawful for any person to directly or indirectly be engaged in water skiing on Blue or Park Lake: (a) Commencing with the opening day of fishing season to May 20th. (b) At any place on the lalce marlced or posted by buoys as being reserved for swimming or limiting the speed of boats to the minimum wake speed. (3) From May 20th to July 1,before the hour of 10:00 a.m. and after 8:00 p.rri. at any plaee on Blue Lalce or Parlc Lake. (3) Soap I,alce: It shall be the policy of Grant County to operate with and conform to the City of Soap Lake in so far as regulations related to the use of Soap Lake. It shall be unlawful for any person or persons to operate a power boat: (a) Within two hundred feet (200') of the shoreline of Soap Lake except upon arriving or departing from the shore. (b) Within fifty feet (50') of any red marlced buoy or barrier. (c) Between the hours of duslc and 8:00 a.m. in excess of minimum wake speed. (4) Moses Lal�e: It shall be unlawful for any person or persons to tie or cause to be attached, a vessel to any bridge on Moses Lake, or to be anchored in or near a channel beneath a bridge. (5) Lenore Lake: It shall be unlawful for any person to use alcohol or petroleum powered motor attached to a vessel on Lenore Lalce,except as authorized by a written permit issued by the Sheriff of Grant County. (6) Crescent Bar Marine: It shall be unlawful for any person or persons to operate a vessel at a speed in excess of miniinum walce speed in any area marked by buoys or flags as a speed restricted area. (7) Deep L1ke: (i) It shall be unlawful for any pexson or persons to oparate a vessel at a speed in excess of five(5)mph minimum wake on Deep Lake. (ii) It shall be unlawful for any parson or persons to operate a personal watercraft or to engage in water skiing, or operate a vessel towing a person on person 29 civil8\ordiunuce\Uoating.ord 5/7/99 on,but not limited to,any skis,surfboard,aquaplane,lcneeboard,tube,or any other similar device, on Deep Lalce. (8) Desert Aire Marinl - No W11�e Zone: It shall be unlawful for any person or persons to operate a vessel at a speed in excess ofminimum wake speed within a 300 feet (300') radius of the Desert Air Marina. 6.08.660 Speci�l Areas -- Pl�cement of Devices: All placing of buoys, booms, signs, or other devices notifying the public of special areas for the use on the lakes in Grant County shall be done under the authority of the County Sheriff or other authorized political subdivisions of the State of Washington. 6°08e6701VI�rine Sanit�tion Devices (MSDs): All recreational boats with installed toilet facilities musti have an installed, operable marine sanitation device. Boats over sixty-five(65') feet are limited to installing Type II or III MSDs. All installed MSDs must be Coast Guard certified if the boat is to be in compliance. Coast Guard certified devices are so labeled except for some holding tanlcs which are automatically certified under the regulations if they store only sewage and flush water at ambient air pressure and temperature. 6.08.680 Reckless Operation: Any person who operates a vessel carelessly and heedlessly in a willful or wanton disregard of the rights, safety or property of another is guilty of a misdemeanor. 6.08.690 Failure to Stop for Law Enforcement: Any person who operates a vessel and wilfully fails to stop when requested or signaled to do so by a person reasonably identifiable as a law enforcement officer is guilty of a misdemeanor. 6.08.700 Refusal to Give Information to or Cooperate with Of�cer: It is unlawful for any person while operating or in charge of any vessel to refuse when requested by a law enforcement officer to give his name and address and the naine and address of the owner of such vessel or for ' such person to give a false name and address, or to refuse upon demand of such law enforcement , officer to produce his certificate of license registration of such vessel, or to refuse to permit such officer to take any such license, card, or certificate for the purpose of examination thereof or to refuse to permit the examination of any equipment of such vessel or to refuse or neglect to produce the certificate of license registration of such vessel. A violation of this section shall be a misdemeanor. 6.08.710 Loading or Powering Vessel Beyond Safe Operating Ability: 30 civil8\ordivance\Uoating.ord 5/7/99 (1) A person shall not load or permit to be loaded a vessel with passengers or cargo beyond its safe carrying ability or carry passengers or cargo in an unsafe manner taking into consideration weather and other existing operating conditions. (2) A person shall not operate or permit to be operated a vessel equipped with a motor or other propulsion machineiy of a power beyond the vessel's ability to operate safely,talcing into consideration the vessel's type,use,and construction,the weather conditions,and other existing operating conditions. (3) A violation of subsection(1)or(2)of this section is an infraction punishable as provided Lulder Section .600 of this chapter, except as provided under Section .770 of this chapter, or where the overloading or overpowering is reasonably advisable to effect a rescue or for some similar emergency purpose. (4) If it appears reasonably certain to any law enforcement officer that a person is operating a vessel clearly loaded or powered beyond its safe operating ability and in the judgment of that officer the operation creates an especially hazardous condition, the officer may direct the operator to talce immediate and reasonable steps necessary for the safety of the individuals on board the vessel, including directing the operator to return to shore or a mooring and to remain there until the situation creating the hazard is corrected or ended. Especially hazardous conditions also includes fuel leakage, unserviceable flame arrester, improper ventilation, and unequipped with operational navigation lights when required. Failure to follow the direction of a law enforcement officer under this subsection is a misdemeanor. 6.08.720 Failure of Vessel to Contain Required Equipment--Liability of Operator or Owner: If an infraction is issued under this chapter because a vessel does not contain the required equipment and if the operator is not the owner of the vessel, but is operating the vassel with the express or implied pennission of the owner, then either or both operator or owner may be cited for the infraction. 6.08.730 Notice, F�ilure to Sign, Nonappearance--Failure to Satisfy: (1) A person who fails to sign a notice of civil infraction is guilty of a misdemeanor. (2) Any person wilfully violating his or her written and signed promise to appear in court or his or her written and signed promise to respond to a notice of civil infraction is guilty of 31 civil8\ordivauce\U olting.ord 5/7/99 a misdemeanor regardless of the disposition of the notice of civil infraction. A written proinise to appear in court or a written promise to respond to a notice of civil infraction may be complied with by an appearance by counsel. (3) A person who wilfully fails to pay a monetary penalty or to perform community service as required by a court under this chapter may be found in contempt of court as provided in chapter 7.21 RCW. 6.08.740 Violations of Chapter Punishable as Misdemeanor Circumstances--Violntions Designated as Civil Infractions: It is a misdemeanor for any person to commit a violation designated as an infraction under this chapter, if during a period of three hundred sixty-five (365) days the person has previously committed two(2)infractions for violating the same provision under this chapter and if the violation is also committed during such period and is of the same provision as the previous violations. 6.08.750 Operntion of Personal Watercr�ift—Prohibited Activities—Penalties: (1) A person shall not operate a personal watercraft unless each person aboard the personal watercraft is wearing a personal flotation device, Type I, II, III or V. (2) A person operating a personal watercraft equipped by the manufacturer with a lanyard-type engine cutoff switch shall attach the lanyard to his or her person, clothing, or personal flotation device as appropriate for the specific vessel. It is unlawful for any person to ramove or disable a cutoff switch that was installed by the manufacturer. (3) A person shall not operate a personal watercraft during darkness. (4) A person under the age of fourteen(14)shall not operate a personal watercraft on the waters of this state. (5) A person sha11 not operate a personal watercraft in a reckless manner, including reciclessly weaving through congested vessel traffic,recklessly jumping the wake of another vessel unreasonably or unnecessarily close to the vessel or when visibility around the vessel is obstructed, or reciclessly swerving at the last possible moment to avoid collision. 32 civil8\ordin�nce\boating.ord 5/7/99 (6) A person shall not lease,hire, or rent a personal watercraft to a person under the age of sixteen(16). (7) Subsections(1)through(6)of this section shall not apply to a performer engaged in a professional exhibition or a person participating in a regatta, race,marine parade, tournament, or exhibition authorized or otherwise permitted by the appropriate agency having jurisdiction and authority to authorize such events. (8) Violations of subsections (2) through (6) of this section constitute a misdemeanor under Section .600. Section 3. The County Auditor shall upon the passage of this act have printed at county expense, copies of this ordinance. �ection 4. Effective Date: This ordinance shall talce effect and be in force from and after the date of its adoption, its provisioils being necessary for the health, safety and welfare of the residents of Grant County. ADOPTED AND PASSED this�day of June, 1999. BOARD OF COUNTY COMMISSIONERS GRA�T...��> Y, WASHINGTON � �� �/�t,��.. �t.e..Y�.,,�,�. Tim Snead, C ir LeRoy C llison, Member Deborah Kay e, Member ATTEST; p - Clerk of oard 33 civil8\ordinauce\Uoating,ord 5/7/99