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HomeMy WebLinkAboutOrdinance 94-088-CC4 GRANT COUNTY BOARD OF COMMISSIONERS Grant County, Washington ORDINANCE NO. 94 -86 -CC AMENDING CHAPTER 6.08 OF THE GRANT COUNTY CODE RELATING TO BOATING ORDINANCE DEFINITIONS AND PROSCRIBED CONDUCT BE IT ORDAINED: Section 1: New sub -sections are added to Chapter 6.08, Section 3, of the Grant County Code to read: NEW SECTION. Section 3. Definitions: (r) "Personal Watercraft" means a vessel of less than sixteen feet that uses a motor powering a water jet 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. (s) "Water Skiing" means the physical act of being towed behind a vessel on, but not limited to, any skis ..._aouanlane.._knee.board.. . tube, or any other similar device. Section 2: Chapter 6.08, Section 9, of th+ to read: Section 9. P.F.D Requirements for Recrc Feet: All Boats less than sixteen (16) canoes and kayaks, must have one TYPE P. F. D. of a suitable size for each person c Ia� skiers being towed by vessel. Persons v shall wear at least a Type III P.F.D. at 'y L is underway. Section 3: Chapter 6.08, Section 10, of thi to read: ' v Section 10. P.F.D. Requirements for Reed ") 31 �Q—`- and over: All boats sixteen (16) feet or; _ 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 vessel. 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. Persons under seven years of age shall wear at least a TYPE III P.F.D. at all times when the vessel is underway. BOATING ORDINANCE AMENDMENT - 1 GRANT COUNTY BOARD OF COMMISSIONERS Grant County, Washington ORDINANCE NO. 94 -86 -CC AMENDING CHAPTER 6.08 OF THE GRANT COUNTY CODE RELATING TO BOATING ORDINANCE DEFINITIONS AND PROSCRIBED CONDUCT BE IT ORDAINED: Section 1: New sub -sections are added to Chapter 6.08, Section 3, of the Grant County Code to read: NEW SECTION. Section 3. Definitions: (r) "Personal Watercraft" means a vessel of less than sixteen feet that uses a motor powering a water jet 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. (s) "Water Skiing" means the physical act of being towed behind a vessel on, but not limited to, any skis, aquaplane, kneeboard, tube, or any other similar device. Section 2: Chapter 6.08, Section 9, of the Grant County Code is amended to read: Section 9. P.F.D Requirements for Recreational Vessels Under 16 Feet: All Boats less than sixteen (16) feet in length and all canoes and kayaks, must have one TYPE I, I1, or III((, or IV) ) P.F.D. of a suitable size for each person on board; including water skiers being towed by vessel. Persons under seven years of age shall wear at least a Type III P.F.D. at all times when the vessel is underwaV . Section 3: Chapter 6.08, Section 10, of the Grant County Code is amended to read: Section 10. P.F.D. Requirements for Recreational Vessels 16 Feet and over: All boats sixteen (16) feet or over in length must have one TYPE 1, I1, or III (wearable) P.F.D. of a suitable size for each person on board; including water skiers being towed by vessel. 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. Persons under seven years of age shall wear at least a TYPE III P.F.D. at all times when the vessel is underway. BOATING ORDINANCE AMENDMENT - 1 NEW SECTION. Section 11. P.F.D. Requirements for Commercial Vessels: (e) Persons under seven years of age shall wear at least a TYPE III P.F.D. at all times when the vessel is underway. Section 5: Grant County Code Chapter 6.08, Section 30 (g), is repealed and re-enacted to read: NEW SECTION. 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 immediately after the towed person or persons fall into the 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 square, mounted on a pole not less than twenty-four inches long and displayed as to be visible from every direction: PROVIDED, That this paragraph shall not apply to vessels: (1) Used by water ski schools in the giving of instructions; and (2) Used in duly authorized water ski tournaments, competition expositions, or trials. Section 6: Grant County Code Chapter 6.08, Section 32, is repealed and re- enacted to read: NEW SECTION. Section 32. Operation of Vessel While Under the Influence. (1) It shall be unlawful for a person to operate a vessel on the waters of Grant County while under the influence of intoxicating liquor or any drug. A person is considered to be under the influence of intoxicating liquor or any drug if: (a) The person has 0.10 grams or more of alcohol per two hundred ten liters of breath, as shown by analysis of the persons's breath as defined in RCW 46.61.506; or (b) The person has 0.10 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 and any drug. (2) The fact that any person charged with a violation of this section is or has been entitled to use such drug under the laws of this state shall BOATING ORDINANCE AMENDMENT - 2 (2) The fact that any person charged with 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 taken 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 of ter 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 0.10 or more within two 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 hours after the alleged operation of a vessel may be used as evidence that within two hours of the alleged operation of a vessel a person had 0.10 grams or more of alcohol per two hundred ten liters of breath or 0.10 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 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 59 of this chapter. In addition, the court may order the defendant to pay restitution for any damages or injuries resulting from the offense. Section 7: Grant County Code Chapter 6.08, Section 40, is repealed and re- enacted to read: NEW SECTION. Section 40. Operation of Vessel in a Negligent Manner. (1) 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, taking into account the amount and character of traffic, size of the lake or body of water, freedom, from obstruction to view ahead, effects of vessel wake, 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 76 of this chapter, a violation of this section is an infraction under Section 59 of this chapter. BOATING ORDINANCE AMENDMENT - 3 Section 8: Grant County Code Chapter 6.08, Section 59, is repealed and re- enacted to read: NEW SECTION. Section 59. Punishment: Any person who violates any of the sections of this ordinance designated as a misdemeanor shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than ninety days, or by a fine in an amount fixed by the court of not more than one thousand 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 following penalties per violation: 1. First offense 2. Second offense $ 47.00 $ 95.00 3. Each subsequent offense $ 190.00 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 ordinance shall be held in the Grant County District Court. Section 9: A new sub -section is added to Grant County Code Chapter 6.08, Section 64 as follows: NEW SECTION. (g) Deep Lake: (i) It shall be unlawful for any person or persons to operate a vessel at a speed in excess of 5 mph minimum wake on Deep Lake. (ii) It shall be unlawful for any person or persons to operate a personal watercraft or to engage in water skiing, or operate a vessel towing a person on person on, but not limited to, any skis, surfboard, aquaplane, kneeboard, tube, or any other similar device, on Deep Lake. Section 10: A new section is added to Grant County Code Chapter 6.08 as follows: NEW SECTION. Section 70. 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. Section 11: A new section is added to Grant County Code Chapter 6.08 as follows: NEW SECTION. Section 71. 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. BOATING ORDINANCE AMENDMENT - 4 Section 12: A new section is added to Grant County Code Chapter 6.08 as follows: NEW SECTION. Section 72. Refusal to Give Information to or Cooperate with Officer. 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 name 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. Section 13: A new section is added to Grant County Code Chapter 6.08 as follows: NEW SECTION. Section 73. Loading or Powering Vessel Beyond Safe Operating Ability. (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 machinery of a power beyond the vessel's ability to operate safely, taking 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 under Section 59 of this chapter, except as provided under Section 76 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 take 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. BOATING ORDINANCE AMENDMENT - 5 Section 14: A new sub -section is added to Grant County Code Chapter 6.08 as follows: NEW SECTION. Section 74. 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 vessel with the express or implied permission of the owner, then either or both operator or owner may be cited for the infraction. Section 15: A new sub -section is added to Grant County Code Chapter 6.08 as follows: NEW SECTION. Section 75. Notice, Failure 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 a misdemeanor regardless of the disposition of the notice of civil infraction. A written promise 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. Section 16: A new sub -section is added to Grant County Code Chapter 6.08 as follows: NEW SECTION. Section 76. Violations of Chapter Punishable as Misdemeanor Circumstances --Violations 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 days the person has previously committed two 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. BOATING ORDINANCE AMENDMENT - 6 NOW THEREFORE, BE IT HEREBY RESOLVED THAT THE GRANT COUNTY COMMISSIONERS adopt this ordinance effective immediately. PASSED this day of July, 1994. BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON Helen Fancher, Chair tA 4 Tim Snea , M ber Le oy A5,,bn, Member 7(A�T EST: \ 0010 S�L1 �r Clerk of` Board /Lj APPROVED AS TO FORM ONLY: Stephen J. Hallstrom Deputy Prosecuting Attorney PUBLISHED: July 7, 1994 and July 14, 1994 BOATING ORDINANCE AMENDMENT - 7