Loading...
HomeMy WebLinkAboutResolution 90-056-CCn BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON RESOLUTION AMENDING Sec.38 of County Boating Ordin- RESOLUTION NUMBER 90-56 -CC ance No. 6.08 WHEREAS, The Grant County Boating Ordinance No. 6.08 Section 38 does not presently cover the setting up of Slalom Ski Courses by private citizens.,Sec. 38 shall be amended to include Sec.38(g) as follows: (1) Whenever a private citizen desires to establish a slalom ski course..he/she shall file -an application f9r a permit with the Grant County Sheriff's Office (2) The application shall set forth the location and duration of the course,together with the following information:.. (a) The name, address and telephone number 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) Number of vessels being furnished by sponsoring organ- izations 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 watercourses or areas to be used by the participants, officials and spectator vessels. (3) Competitors in any race, regatta or trial or other marine event authorized by the sheriff shall be exempt from the pro- visions of this chapter with regard to speed while on an authorized racing course and from provisions of this chapter concerning equipment, and noise. These exemptions are exclusive and shall apply only while an operator of a vessel is engaged in an author- ized race, regatta or trial. (4) 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 permit issued to him as provided by this section. (S) Any person, firm, or corporation who violates, disobeys, omits neglects orjrefuses to comply with or who resists enforcement of any of the provisions of this chapter shall be guilty of a mis- demeanor and shall be fined in any sum not to exceed one thousand dollars or imprisoned in the county jail for a term of not exceed- ing ninety days or by both fine and imprisonment, for each offense. DONE THIS DAY OF 19_,q&. Chairman 'T: Clerk of o Board Commissioner Commissioner Constituting the Board of County Commissioners of Grant County, Washington GRANT COUNTY SHERIFF'S OFFICE WILLIAM A. WIESTER, SHERIFF P.O. BOX 37 PHONE: (509) 754-2011 EPHRATA, WASHINGTON 98823 June 13, 1990 File No A2209 A9423 Grant County Commissioners Grant County Courthouse Ephrata, Washington 98823 Re: Slalom Ski Courses Commissioners: It has come to my attention by several citizens that a slalom ski course set up by private citizens in a safe and responsible manner is of benefit to recreational activities in Grant County. I have contacted the Spokane County Sheriff's Department and have attached a copy of a floating course permit that can be obtained through the County Commissioners and/or the Sheriff's Office. Also attached is their boating ordinance which covers slalom ski courses. Requests for slalom ski courses in Grant County have been brought to my attention for the past several years while I have been with the Grant County Sheriff's Office. It is apparent that other counties are allowing the courses to be set up with strict conditions. I feel that if the Commissioners adopt the Spokane County Ordinance and allow the permit, it would be beneficial to recreation in this county. Thank you for your cooperation on this matter. RECEIVED Sincerely, WILLIAM A. WIESTER Grant County Sheriff WAW:lrs encl rr • .Ti m r1 ni ia-h JUN-, 15 1990 BOARD OF COMMt�aw�ra;S GRANT COUNTY, WASHINGTON When a motorboat and a sailboat are proceeding in such a direction as to involve risk of collision, the motorboat shall keep out of the war of the sailboat, except when the sailing vessel is overtaking the motorboat from behind. Whenever under this chapter one of the two vessels is to keep out of the war, the other is to maintain her course and speed. (1) %very vessel which is directed by this chapter to keep out of the war of another vessel shall, if the circumstances permit, avoid crossing ahead of the other. (2) %very vessel which is directed by this chapter to keep out of the way of another vessel shall, on approaching her, if nec- essary, slacken her speed or stop or reverse. (1) Notwithstanding anything contained in this chapter, every vessel overtaking any other shall keep out of the way of the overtaken vessel. (2) Hvery vessel coming up on another vessel from any direction sort than two points aft her beam, that is, in such a position, with reference to the vessel which she is overtaking that at night she would be able to see the other vessel's sidelights, shall be deemed to the overtaking vessel, and no subsequent alter- ation of the bearing between the two vessels shall sake the overtak- ing vessel a crossing vessel within the meaning of this chapter or relieve her of the duty of keeping clear of the overtaken vessel until she is finally passed and clear. (3) If the overtaking vessel is uncertain whether she is forward or abaft fro■ this direction from the other vessel, she should assume that she is the overtaking vessel and keep out of the way. (1) Whenever a regatta, race, tournament, marine event or exhibitions is proposed to be held. the person in charge shall, at least thirty (30) days prior thereto, file an application for a per - sit to bold the event with the Spokane County Sheriff's Office Marine 8nforcesent Unit. 0 (2) The application shall set forth the date, tise, and location where the event is proposed to be held, together with the following information: (a) The name and address of the sponsoring organiza- tion. (b) The name, address and telephone number of the person or persons in charge of the event. (c) The nature and purpose of the event. (d) Information as to general public interest. (e) Hatisated number and type of vessels participat- ing in the event. (f) Hstimated number and type of spectator vessels. (g) ■umber of vessels being furnished by sponsoring organizations to patrol the event. (h) A time schedule and description of events. (i) A section of a chart or scale drawing showing the boundaries of the event, various watercourses or areas to be used by the participants, officials and spectator vessels. (3) There shall be no charge for the permit. (4) Competitors in any race, regatta or trial or other marine event authorized by the sheriff shall be exempt fro■ the pro- visions of this chapter with regard to speed while on an authorized racing course and from provisions of this chapter concerning equip- ment, and noise. These exemptions are exclusive and &ball 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 Spokane County unless he\she shall have had a marine event permit issued to him as provided by this section. Any person, firm, or corporation who violate&, 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 miade- ■eanor and shall be fined in any sum not to exceed one thousand dol- lars or imprisoned in the county jail for a ter■ of not exceeding ninety days or by both fine and imprisonment, for each offense. 11 SPOKANE COUNTY MARINE ENFORCEMENT FLOATING COURSE PERMIT `. W. 1027 BROADWAY SPOKANE, WA 99202-2002 SPOKANE COUNTY BOATING ORDINANCE 6.03.210 (2) & (3). (2) THE PLACEMENT OF ANY FLOATING COURSE DESIGNED FOR WATER' SKIING, AQUAPLANING, PERSONAL WATER CRAFT OR SIMILAR ACTIVITY SMALL REQUIRE A MARINE PERMIT PURSUANT TU SECTION 6.03,320 PRIOR TO THE COURSE BEING INSTALLED ON ANY WATERWAY. (3) ANY FLU*T<NG 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 COMPLIANCE TO THE ORDINANCE THE BELOW LISTED BLANKS MUST BE COMPLETED BY THE PERSON(S) REQUESTING TO INSTALL SUCH COURSE. BY THE DIRECTION OF THIS OFFICE, ALL OWNERS OF PROPERTY WHICH THE COURSE MAY BORDER MUST BE CONTACTED AND SIGN THE PERMITTO INDI7 CATE NO OBJECTION TO THE COURSE. IT SHALL BE THE RESPONSIBILITY OF THE REQUESTING PERSON(S) TO ENSURE PROPER LIGHTING AND PLACEMENT OF THE COURSE. NO PORTION OF THE COURSE SHALL BE INSTALLED WITHIN 100 FEET OF ANY OBJECT, FIXED OR FLUATlm6 OR SHORELINE. ,'�xOunV b/ MuMb'IwU LuuFh::-� ADDRESS rHumE-MUME/wUkf::. LOCATION OF THE COURSE (SPECIFIC AS POSSIBLE) IF THE CUURSE IS FUUNU TO BE IN NON-COMPLAINCE WITH THE ORDINANCE THE OWNER(S) OF THE COURSE WILL BE DIRECTED TO REPAIR, REPLACE, RELOCATE, OR REMOVE THE COURSE BY THE DIRECTION OF THE MARINE ENFORCEMENT OFFICE. • a BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON t RESOLUTION AMENDING Sec.38 of County Boating Ordin- RESOLUTION NUMBER 90- -CC ance No. 6.08 WHEREAS, The Grant County Boating Ordinance No. 6.08 Section 38 does not presently cover the setting up of Slalom Ski Courses by private citizens', Sec. 38 shall be amended to include Sec.38(g) as follows:- rvo�„ .._J L L.%L r,. �v�?yg' 1 t: n l.. _tel/ (1) Whenev-car aWega-t-ta,-r-ace,•-tour-nament-,_iiia-r-ii-ne--eve.nt_ar e*h b -it -ion_ is-_pr-eposed • tobe--he-1-d--by--p-r±va-te--c t-izens-,--Lhe- e-rson in-cha-r e-shat-1,,�^* Lhi,.r.L)L- 9�da�- _ fteret-_c— file an application for a permit t-s--1�1-d-t- n lteeve-t witt1e�� 100), Grant County Sheriff's Office. - (2) The application shall set forth thiela-t-e3--ti-me-'-a-nd_location �d".d wl}e-re--the--event--i-s-proposed--to--be-held•, together with the follow- ing information: (a) The name, address and telephone number of the person or persons in charge of--t-ha-eve t. (b) The nature and purpose of the-eve� (c) Information as to general public interest. (d) Estimated number and type of vessels par-ticipating in ehe--wuen t . �S- �� l.Ji,�✓ (e) Estimated number and type of spectator vessels. (f) Number of vessels being furnished by sponsoring organ- izations to patrol the event. (l;) A time schedule and description of events. (h) A section of a chart or scale drawing showing the boundaries of the event, various watercourses or areas to be used by the participants, officials and spectator vessels. (3) Competitors in any race, regatta or trial or other marine event authorized by the sheriff shall be exempt from the pro- visions of this chapter with regard to speed while on an authorized racing course and from provisions of this chapter concerning equipment, and noise. These exemptions are exclusive and shall apply only while an operator of a vessel is engaged in an author- ized race, regatta or trial. (4) It sliall be unlawful for any person to conduct any regatta, marine event, race, tournament or exhibition on the waters of Grant County unless lie/she sha'l'l have had a marine event permit issued to him as provided by this section. r a (S) Any person, firm, or corporation who violates, disobeys, omits neglects or,�eflses to comply with or who resists enforcement of any of the provisions of this chapter shall be guilty of a mis- demeanor and shall be fined in any stem not to exceed one thousand dollars or imprisoned in the county jail for a term of not exceed- ing ninety days or by both fine and imprisonment, for each offense. DONE THIS DAY OF , 19 ATTEST: Clerk of the Board Chairman Commissioner Commissioner Constituting the Board of County Commissioners of Grant County, Washington A& N PRINTERS. INC. --NOSES LAKE ORDINANCE #6.08 (Revised 1981) (Amended Nov. 1981) GRANTNTY CSU `�:: SHERIFF'S DEPARTMENT SAFETY EDUCATION `r.. 7544545 i U OHinance Providing fidi"The Safety of Boaters, Swimmers, and Others Using the Waters of Grant County and Providing Certain Regulations and Restrictions on the Use of Such Waters ��T COU\ ��' 7 OF Wv g IM6� BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON Don Goodwin F. D. O'Donnell W. H. "Bill" Frederickson ATTEST: Frances Wadham Grant County Auditor and Ex -Officio Clerk of the Board BOARD OF GRANT COUNTY COMMISSIONERS Don Goodwin, Chairman F. D. O'Donnell, Member W. H. "Bill" Frederickson, Member APPROVED AS TO FORM: Paul Klasen, Grant County Prosecuting Attorney John Young, Grant County Sheriff FOREWARD The establishment of this ordinance was derived from the obvious need for "ground rules" which would cover: (1) Safety, which would also protect the rights of participants in the various types of recreation using our lakes; (2) Safety, of a preventative nature; (3) Identification, which would not only assist in enforcement but would not be a tax on the boat owners of Grant County; (4) Identification, which would not conflict with other counties' regulations, thereby encouraging use of our area and its wonderful recreation facilities by persons living elsewhere in the state or in neighboring states. The Board of Commissioners of Grant County wish to thank the members of various boat clubs, sportsmen's organizations, resort owners, and others who, by their suggestions and cooperation, have assisted in arriving at what is hoped will prove to be a reasonable or- dinance which the general public can willingly endorse. —14— Lake by the Grant County Public Utility District Power Line. n- (3) At any place on Park Lake marked or posted by buoys as being reserved for swimming or limiting the speed of boats to no wake. (4) From May 25th through July 4, before the hour of 10:00 a.m. and after 4:00 p.m. at any place on Park Lake north- easternly of a line made by the crossing of the lake by the Grant County Public Utility District power line. (c) Blue Lake: Water skiing shall be permitted on Blue Lake in a counter clockwise direction, when the lake is open for fishing, it shall be unlawful for any person to directly or indirectly be engaged in water skiing on Blue Lake commencing with the open day of fishing season to May 25th. (1) From May 25th to July 1, at any place on Blue Lake north- easternly of the line made by the crossing of the lake by the Grant County Public Utility District power line. (2) At any place on Blue Lake marked or posted by buoys as being reserved for swimming or limiting the speed of boats to the minimum wake speed. (3) From May 25th to July 1, before the hour of 10:00 a.m. and after 4:00 p.m. at any place on Blue Lake. (d) Soap Lake: It shall be the policy of Grant County to cooperate with and conform to the City of Soap Lake in so far as regula- tions related to the use of Soap Lake. It shall be unlawful for any person or persons to operate a power boat: (1) Within 200 feet of the shoreline of Soap Lake except upon arriving or departing from the shore. (2) Within 50 feet of any red marked buoy or barrier. (3) Between the hours of dusk and 8:00 a.m. in excess of minimum wake speed. (e) Moses Lake: 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. (f) Lenore Lake: It shall be unlawful for any person to use alcohol or petroleum powered motor attached to a vessel on Lenore Lake, except as authorized by a written permit issued by the Sheriff of Grant County. Section 65. 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. Section 66. Marine Sanitation Devices (MSDs): All recreational boats with installed toilet facilities must have an installed, operable marine sanitation device. Boats 65 feet in length and under may use a Type I, II, or III MSD. Boats over 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 tanks which are automatically cer- tified under the regulations if they store only sewage and flush water at ambient air pressure and temperature. Section 67, Repeal: All sections and provisions of Grant County Ordinance Index No. 110779 passed on May 2, 1961, and Chapter 6.08 Grant County Code and all subsequent amendments thereto, are hereby expressly repealed by the adoption of this ordinance. Section 68. The County Auditor shall upon the passage of this act have printed at county expense, copies of this ordinance. Section 69. Effective Date: This ordinance shall take effect and be in force from and after the date of its adoption, its provisions being necessary for the health, safety and welfare of the residents of Grant County. ADOPTED AND PASSED this 18th day of May, 1981. —13— i A RESOLUTION AMENDING Sec. 64(c) of COUNTY RESOLUTION NUMBER BOATING ORDINANCE 86 -140 -CC NO. 6.08 WHEREAS, The Grant County Boating Ordinance No. 6.08 Sec. 64 as it pertains to Special Regulations as to Blue Lake (c) appears to some people to be am- biguous as to when water skiing is permitted on Blue Lake and should be clarified so as to be clear to all and should now read as follows: (c) BLUE AND PARK LAKE: Water skiing shall be permitted on Blue and Park Lake in a counter clockwise direction. It shall be unlawful for any person to directly or indirectly be engag- ed in water skiing on Blue or Park Lake: (1) Commencing with the opening day of fishing season to May 20th. (2) At any place on the lake marked 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.m. at any place on Blue Lake or Park Lake. NOW, THEREFORE, BE IT RESOLVED THAT THE GRANT COUNTY BOATING ORDINANCE NO. 6.08 Sec. 64(c) is hereby amended to read as above. BY ORDER OF THE GRANT COUNTY COMMIS- SIONERS pursuant to Resolution #86 -71 -CC and Notice of Hearing holding a public hearing and having said notices of hearing published in the Grant County Jour- nal on November 6, and 13, 1986. DONE THIS 17th DAY OF NOVEMBER, 1986. A RESOLUTION AMENDING Sec. 64(c) of COUNTY RESOLUTION NUMBER BOATING ORDINANCE 86 -140 -CC NO. 6.08 WHEREAS, The Grant County Boating Ordinance No. 6.08 Sec. 64 as it pertains to Special Regulations as to Blue Lake (c) appears to some people to be am- biguous as to when water skiing is permitted on Blue Lake and should be clarified so as to be clear to all and should now read as follows: (c) BLUE AND PARK LAKE: Water skiing shall be permitted on Blue and Park Lake in a counter clockwise direction. It shall be unlawful for any person to directly or indirectly be engag- ed in water skiing on Blue or Park Lake: (1) Commencing with the opening day of fishing season to May 20th. (2) At any place on the lake marked 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.m. at any place on Blue Lake or Park Lake. NOW, THEREFORE, BE IT RESOLVED THAT THE GRANT COUNTY BOATING ORDINANCE NO. 6.08 Sec. 64(c) is hereby amended to read as above. BY ORDER OF THE GRANT COUNTY COMMIS- SIONERS pursuant to Resolution #86 -71 -CC and Notice of Hearing holding a public hearing and having said notices of hearing published in the Grant County Jour- nal on November 6, and 13, 1986. DONE THIS 17th DAY OF NOVEMBER, 1986. sonable 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. (b) For the purpose of this section, "under unsafe condition" means a boat which: (1) Does not display the navigation lights required (sunset to sunrise) or (2) Has fuel leakage from either the fuel system or engine, or (3) Has an accumulation of fuel in the bilges or compartment other than a fuel tank, or (4) Does not meet the requirements for backfire flame con- trol, or (5) Does not meet the ventilation requirements for fuel tanks and engine spaces. Section 59. Punishment: Any person who violates any provision of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars ($500.00) per violation, or ninety days in jail, or by both such fine and such jail sentence. Section 60. Authority of Officers 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 in- spection and enforcement of this ordinance. Provided, said Sheriff or Peace Officer has reasonable grounds to believe a safety and/or equipment violation exists. Section 61. 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. Section 62. Rental of Motorboats: (a) Any person engaged in the business of renting motorboats shall keep 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 years and shall be available for inspection by the Sheriff at all reasonable hours. (b) 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. (c) Any motorboat offered for rent to the public may be inspected by the Sheriff at least once each year for determining com- pliance with applicable laws and regulations. Section 63. Constriction: If any provision of this ordinance, or its application to any person or circumstance, is held invalid, the re- mainder of the ordinance or the application of the provision to other persons or circumstances, shall not be affected. Section 64. Special Regulations to Specific Lakes in Grant County: (a) 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 area marked with buoys or logs as a speed restricted a rea. (b) Park Lake: Water skiing shall be permitted on Park Lake ex- cept, when the lake is open for fishing. It shall be unlawful for any person or persons to directly or indirectly be engaged in water skiing on Park Lake: (1) At any place on the lake commencing with the opening day of fishing season for Park Lake to May 25th. (2) From May 25th through July 24 at anyplace on Park Lake south-westernly of the line made by the crossing of the —12— ORDINANCE #6.08 (Revised 1981) and (Amended Nov. 1981) AN ORDINANCE PROVIDING FOR THE SAFETY OF BOATS, SWIMMERS, AND OTHERS USING THE WATERS OF GRANT COUNTY, AND PROVIDING CERTAIN REGULATIONS AND RE- STRICTIONS ON THE USE OF SUCH WATERS, AND REPEALING ORDINANCE NO. 110779 AND CHAPTER 6.08 GRANT COUNTY CODE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF GRANT COUNTY, WASHINGTON: WHEREAS, the increase in pleasure boating, swimming, water ski- ing, skin diving and other water uses has created dangers to life and property of persons using and living adjacent to the waters of Grant County; and WHEREAS, Federal and State Laws and Regulations fail to regulate certain pleasure boats, recreational uses and bodies of water within Grant County; and WHEREAS, the unrestricted use of the waters of Grant County may infringe on the public's right to the use and enjoyment of these waters; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Grant County as follows: Section 1. Applicability: This ordinance applies 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. Section 2. Policy: It is the policy of Grant County to promote safe- ty and enjoyment of persons using the waterways of this county. This ordinance is intended to supplement, but not to infringe upon the boating safety laws and regulations of the State of Washington and the United States. Section 3. Definitions: The following terms, as used in this or- dinance shall mean: (a) "Issuing Authority" means a state that has a numbering system approved or administered by the U.S. Coast Guard. (b) "Vessel" The word "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. (c) "Motorboat" means any watercraft propelled in any respect by machinery, including those temporarily equipped with de- tachable motors. (d) "Operator" means a person, who is in control or in charge of a vessel while it is in use. (e) "Owner" means a person, who claims lawful possession of a vessel by virtue of legal title or equitable interest therein which entitles him to such possession. (f) "Person" means an individual, firm, partnership, corporation, company, association, joint-stock association, or government entity and includes a trustee, receiver assignee, or similar representative of any of them. (g) "Restricted Visibility" means any condition in which visibility is restricted by fog, mist, falling snow, rain, sand, dust storms, or any other similar causes. (h) "Personal Flotation Device" (P.F.D.) means life preservers, buoyant vests, special purpose water safety devices, buoyant cushions, ring buoys, and work vests. (i) "Reporting Authority" means the same as "Issuing Authority." (j) "Sail Boat" means any watercraft propelled by means of sail. For the purpose of this ordinance, any watercraft propelled by means of sail and or machinery of any sort shall be deemed a motorboat when being propelled. —1— W "Muffler" means a device consisting of a series of chambers or other mechanical designs for the purpose of receiving ex- haust 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. (1) "Sheriff" means the Sheriff of Grant County or any duly ap- pointed Deputy Sheriff of Grant County. (m) "State" means a state of the United States, the com- monwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the District of Columbia. (n) "State of Principal Use" means the state on whose waters a vessel is used or to be used most during a calendar year. (o) "Use" means to operate, navigate, or employ. (p) "Permit Racing Boats" means motorboats engaged in scheduled testing within Grant County for which authority has been granted by the Grant County Sheriff, pursuant to the provisions of Grant County Code #6.08. (q) "Minimum Wake" means a very slow speed producing al- most no wake. Section 4. Enforcement: The County Sheriff and state law enforce- ment agencies shall have the authority to enforce all provisions of this ordinance. Section 5. Certificate of Number Required—Exceptions: (a) All vessels equipped with propulsion of any type except as provided in paragraph (b) of this section, shall have a cer- tificate of number issued by the proper issuing authority in which the vessel is principally used. The certificate of number must be on board and available for inspection whenever the vessel is in use. (b) Certificates of number shall not be required for the following vessels: (1) Military or public vessels of the United States, except recreational -type vessels. (2) Boats owned by federal, state, or local government are not public vessels for purposes of Coast Guard inspec- tion, but they must be identifiable as such. (3) A vessel that is used exclusively for racing, while entered in an approved racing event or exhibition. Section 6. Certificate of Number on Leased or Rented Vessels: The certificate of number shall not be required to be aboard vessels less than twenty-six (26) feet 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 the number issued to it and have the name of the resort on the side of vessel. This agreement shall list the vessel number that appears on the certificate of number, the period of time for which the vessel is leased or rented, and be signed by both the owner or his authorized repre- sentative and the person leasing or renting the vessel. Section 7. Display of Number (U.S. Coast Guard): (a) Be painted on or securely attached to each side of the forward half of a vessel except on vessels so configured that a number on the hull or superstructure would not be easily visible. In the later case, the number 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. (b) Be in plain vertical block letter or numbers of not less than (3) three inches in height. (c) Be of contrasting color to the background, and be visible and legible for a distance of 100 feet. (d) Have spaces or hyphens that are equal to the width of a letter other than "I" or a number other than "1" between the num- (b) Every vessel coming up on another vessel from any direction more than two points aft her 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 overtaking vessel, and no subsequent alteration of the bearing between the two vessels shall make the overtaking veekel a crossing vessel with in the meaning of this ordinance or relieve her of the duty of keeping clear of the overtaken vessel until she is finally past and clear. (c) 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 overtaking vessel and keep out of the way. Section 53. 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. Section 54. General Prudential Rule: In obeying and construing this ordinance, due regard shall be had to all dangers of navigation and collision and to any special circumstances which may render a departure from it necessary in order to avoid immediate danger. Section 55. Backing Signal: When vessels are in sight of each other a motor vessel underway whose engines are going astern shall indicate the fact by three (3) short blasts on the whistle or horn. Section 56. Rule of Good Seamanship: Nothing in this ordinance 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 lookout, or the neglect of any precaution which may be required by the ordinary practice of operation, or by special circumstances of the case. Section 57. Visual Distress Signals. Requirements: (a) On boats 16 feet or more in length or carrying six or less passengers, for hire, certified or approval visual distress signals in the proper number must be carried for both day and night use. For boats 16 feet length operating at night, only the certified or approved signals for night use must be carried. The three (3) exemptions are: (1) Boats competing in an organized and approved marine parade, regatta race or similar event. (2) Manually propelled boats. (3) Sailboats under 26 feet with completely open construc- tion and without propulsion machinery. (b) When a vessel is in distress and requires assistance from other vessels or from shore, the following shall apply: (1) Daytime, a continuous sounding with any sound produc- ing device or hand held red or orange smoke flare. (2) Nightime, primary signal shall be a hand held red flare or one propelled skyward, or a Coast Guard approved sig- naling device. (3) The signals must be readily accessible and in serviceable condition.. (c) All visual distress signals, hand held flares, or flares launched from a pistol launcher must have U.S.C.G. approval number on them. Section 58. Correction of an Especially Hazardous Condition: (a) If the Sheriff/Peace Officer observes a vessel being used with insufficient personal flotation devices or insufficient firefighting equipment or in an overloaded condition or other unsafe condition as defined in this section, and in his judg- ment such use creates an especially hazardous condition, he may direct the operator to take whatever immediate and rea- -2— —11— (c) 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. (d) 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; name- ly one (1) prolonged blast followed by two (2) blasts. A vessel towed may give this signal and shall not give any other. Section 46. Speed in Restricted Visibility: (a) Every vessel while operating in restricted visibility shall go at a moderate speed, having a careful regard to the existing cir- cumstances and conditions, and shall be able to stop one-half (1/2) the distance of available visibility. (b) 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. Section 47. Steering and Sailing Rules: (a) 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. (b) When two (2) sailboats are approaching one another, to avoid the risk of collision, one shall keep out of the way of the others as follows: (1) A sailboat which is running free shall keep out of the way of a sailboat which is close hauled. (2) 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. (3) When both are running free, with the wind on different sides, the sailboat which has the wind on the port side shall keep out of the way of the other. (4) 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. (5) A sailboat which has the wind aft shall keep out of the way of other sailboats. Section 48. Motorboats 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. Section 49. Sailing Vessel Right of Way: When a motorboat and a sailboat are proceeding in such a direction as to involve risk of colli- sion, the motorboat shall keep out of the way of the sailboat, except when the sailing vessel is overtaking the motorboat from behind. Section 50. Privileged Vessel Duty: Whenever, under this or- dinance, one of the two vessels is to keep out of the way, the other is to maintain her course and speed. Section 51. Burdened Vessel Duty: (a) Every vessel which is directed by this ordinance to keep out of the way of another vessel shall, if the circumstances permit, avoid crossing ahead of the other. (b) Every vessel which is directed by this ordinance to keep out of the way of another vessel shall, on approaching her, if necessary slacken speed or stop or reverse. Section 52. Overtaking Vessels: (a) Not withstanding anything contained in this ordinance, every vessel overtaking another, shall keep out of the way of the overtaken vessel. ber and letter grouping. Example: WN 1234 AB or WN 1234 -AB. (e) 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 removable plates that are tem- porarily but firmly attached to each side of the forward half of the vessel. Section B. Performance Requirements for P.F.D.'s: The follow- ing buoyancy weight requirements refer to adult size P.F.D.'s. (a) TYPE 1 P.F.D. (Life Preserver) is a device designed to turn an unconscious person in the water from a face downward posi- tion to a vertical or slightly backward position, and to have at least 22 pounds buoyancy. (b) TYPE II P.F.D. (Buoyant Vest) is a device designed to turn an unconscious person in the water from a face downward posi- tion to a vertical or slightly backward position, and to have at least 15.5 pounds of buoyancy. (c) TYPE III P.F.D. (Special Purpose Device) is a device designed to keep a conscious person in the water in a vertical position and to have at least 15.5 pounds of buoyancy. (d) 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 de- signed to have at least 16.5 pounds buoyancy. (e) 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 ac- ceptable on recreational vessels as an approved device. 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, II, III, or IV P.F.D. of a suitable size for each person on board; including water skiers being towed by vessel. 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 I, II, or III (wearable) P.F.D. of a suitable size for each per- son on board; including water skiers being towed by boat. Also one TYPE IV (Throwable) P.F.D. must be aboard each boat. 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. Section 11. P.F.D. Requirements for Commercial Vessels: (a) Every commercial vessel less than 40 feet 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. (b) Every commercial vessel carrying passengers for hire and each commercial vessel 40 feet 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. (c) Inspected 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 childs size equal to at least 10% of the total number of persons carried. (d) Each vessel 26 feet or more in length must have at least one (1) ring buoy in addition to the P.F.D.'s required in paragraphs a, b, and c of this section. Section 12. P.F.D. Approval—Access Condition: (a) All P.F.D.'s shall be approved by the United States Coast Guard. (b) All P.F.D.'s shall be placed on vessels so as to be readily ac- cessible in case of an emergency. Examples of P.F.D.'s NOT readily accessible are those located in a locked locker and those stored under an anchor, anchor line, blankets, or enclosed in the manufacturer's plastic container. —10— —3— (c) All P.F.D.'s shall be in good serviceable condition. (d) Type IV P.F.D.'s shall be immediately available on recrea- tional vessels 16 feet or more in length. (e) All P.F.D.'s shall be suitable size for each person on board. Section 13. Fire Extinguishers on Motorboats Less Than 26 Feet in Length Carrying Passengers for Hire: Every motorboat less than 26 feet in length that has any of the following conditions shall be equip- ped with one (1) U.S. Coast Guard approved Type B-1 Fire Ex- tinguisher: (a) Motorboats with closed compartments under thwarts or seats wherein portable fuel tanks are stored. (b) Motorboats with double bottoms not sealed to the hulls or which are not completely filled with flotation material. (c) Motorboats with closed living spaces. (d) Motorboats with closed -stowage compartments in which combustible or flammable materials are stowed. (e) Motorboats with permanently installed fuel tanks. Section 14. Fire Extinguishers on Motorboats Less Than 26 Feet in Length: Every motorboat less than 26 feet 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 con- dition. (a) Motorboats with closed compartments under thwarts or seats wherein portable fuel tanks are stored. (b) Motorboats with double bottoms not sealed to the hulls or which are not completely filled with flotation material. (c) Motorboats with closed living spaces. (d) Motorboats with closed stowage compartments in which combustible or flammable materials are stowed. (e) Motorboats with permanently installed fuel tanks. Section 15. Fire Extinguishers on Motorboats 26 Feet in Length to Less Than 40 Feet in Length: Every motorboat not less than 26 feet in length but less than 40 feet in length shall be equipped with at least two (2) U.S. Coast Guard approved Type B-1 Fire Extinguishers or one (1) U.S. Coast Guard approved Type B-11 Extinguisher. Section 16. Fire Extinguishers on Motorboats 40 Feet in Length to Not More Than 65 Feet in Length: Every motorboat not less than 40 feet in length but not more than 65 feet in length shall be equipped with at least three (3) U.S. Coast Guard approved Type B-1 Fire Ex- tinguishers or one (1) U.S. Coast Guard approved Type B-11 Fire Ex- tinguisher. Section 17. Motorboats 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 ordinance. Section 18. Back -Fire Flame Arrestors: Every motorboat equip- ped with inboard engines installed after April 25, 1940, shall be equipped with a U.S. Coast Guard approved back -fire flame arrestor for each carburetor except: (a) Engines accepted for use without a flame arrestor and so labeled by the U.S. Coast Guard. (b) Situations where attachments to air-intake system or location of the engine will disperse back -fire flame to the open at- mosphere clear of the vessel, persons on board, and nearby vessel and structures. (c) Engines using a fuel with a flash point of over 110 degrees fahrenheit. Section 19. Mufflers—Prevention of Noise: Every motorboat, ex- cept 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 the County of Grant. A max- imum 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. such fishing might interfere with launching or operation of a boat. Section 43. Skin Diving: It shall be unlawful for any person or per- sons 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 (3) feet high, that is clearly visible a distance of 300 feet. Section 44. Accident Reporting: (a) 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. (b) Any person who complies with this section or who gratuitous- ly and in good faith renders assistance at the scene of vessel collision accident, or casualty, without objection of any per- son assisted, shall not be held liable for any civil damages as a result of the rendering of assistance or for any act or commis- sion in providing or arranging salvage, towage, medical treat- ment, or other assistance where the assisting person acts as an ordinary, reasonable prudent person might act under the same or similar circumstances. (c) 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, PRO- VIDED, 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 damage a written notice giving his name and address. (d) 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 Grant County Sheriff's Department of: (1) The date, time and exact location of the occurrence. (2) The name of each person who dies or disappeared. (3) The number and/or name of the vessel or vessels in- volved. (4) 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. (e) The operator of a vessel involved in an accident shall submit the BOATING ACCIDENT REPORT FORM (CC -3865) within 48 hours of any accident in which: (1) A person dies within 24 hours. (2) A person loses consciousness or receives medical treat- ment or is disabled for more than 24 hours. (3) A person disappears from a vessel under circumstances that indicate death or injury. Accidents must be reported within two (2) days if damage to the vessel and other property totals more than $200.00. Section 45. Sound Signals in Restricted Visibility: During any period of restricted visibility, whether during day or night the follow- ing signals shall be used: (a) Motorboats underway shall sound, at intervals of not more than one (1) minute, one (1) prolonged blast of the whistle or horn. (b) 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 tack; and when the wind is abaft the beam, three (3) blasts in succession of the whistle or horn. —4— —9— (c) It shall be unlawful to anchor any vessel within any establish- ed channel or heavily traveled area, except: (1) When such vessel is anchored in an established an- chorage area; and (2) When such vessel poses no obstacle to the free move- ment and safety of other vessels or persons, and (3) When such vessel is anchored, it must display a white light in compliance with the United States Coast Guard regulations. Section 36. Riding on Gunwhales or Bows Prohibited: No operator of any vessel shall allow any person to ride or sit on either the starboard or port gunwhale or on the decking over the bow, or on seat backs, or cabin tops while underway except while in the act of mooring or casting off. Section 37. Overloading Boats Prohibited: No person shall overload a boat beyond its safe carrying capacity rating, taking into consideration weather and other normal operating conditions. Capacity plates are required on all boats less than 20 feet in length constructed on or after November 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. Section 38~ Notification to Sheriff of Regattas and Marine Events: The Sheriff shall be notified in advance of the holding of any regatta, motorboat or other boat race, water ski tournament or exhibi- tion, or testing or time trials for any such events on any waters in Grant County. Persons or organizations desiring to sponsor such events shall give notice to the Sheriff at least fifteen (15) days in ad- vance of the commencement of such events. Such notice shall be submitted to the Sheriff and include the following: (a) The waters and general 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 in- sure the safety of participants and others. (e) The dates of such events, including the dates of trial practice or preliminary events. (f) Such other information as the Sheriff may require to fully in- form him of the nature and extent of such event. Section 39. Operation of Motorboats in Swimming Areas Pro- hibited: No person shall operate a motorboat within water areas which are clearly marked by buoys or some other distinguishing device as a bathing or swimming area. Section 40. Negligent Operation of Vessels Prohibited: No per- son shall operate a vessel in such a manner as to unnecessarily in- terfere with the free and proper use of the waters of Grant County or endanger or be likely to endanger any person or property. Section 41. Swimming: It shall be unlawful for any person to swim: (a) More than 100 feet from shore unless the swimmer is accom- panied by a vessel or unless in an area specifically designated as a public swimming area. (b) In any body of water which is posted as no swimming by public legal authority. (c) Around or near launch ramps, and docks connected to such for the purpose of launching boats. Section 42. Fishing From Docks: It shall be unlawful for any per- son or persons engaged in fishing to fish from a public dock when Section 20. Operation Without Mufflers: The operation of motor- boats on waters subject to the jurisdiction of Grant County which are engaged in scheduled testing within the County shall be permitted without a muffler in good working order and in constant operation on the issuance of a permit therefore issued by the Grant County Sheriff. Application for such permit shall be submitted to the Grant County Sheriff at least ten (10) days in advance of the commencement of such proposed testing and shall contain all information required by GCC #6.08. Section 21. Operation Without Mufflers—Permit Issuance: (a) Upon determination by the Grant County Sheriff that an ap- plication for a permit to operate motorboats without a muffler in good working order and in constant operation, pursuant to GCC #6.08 is accompanied by all information required by GCC #6.08, the Sheriff shall issue such permit for a period not to exceed ten (10) days. (b) Such permit shall contain such conditions and requirements as the Sheriff shall determine to be necessary to adequately protect the public health, safety and welfare, and shall con- tain the following provisions: (1) The specific water area covered by the permit. (2) The name and/or registration number of every motorboat which may operate under the permit. (3) The number and nature of patrol, safety and tow vessels to be present during the permitted activity. (4) The duration of the permit. (5) The days of the week during which the motorboats may test shall be limited to Mondays through Fridays. (6) 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. (7) The number of motorboats permitted to participate per day. Section 22. Ventilation on Motorboats or Motor Vessels, Except Open Boats: Every motorboat or motor vessel, except, open motor- boats, which use fuel having a flash point of less than 110 degrees 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 compart- ment. There shall be at least one (1) exhaust duct installed so as to ex- tend 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 in- take. The cowls shall be located and trimmed for maximum effec- tiveness in such a manner as to prevent displaced gases from being recirculated. Section 23. Ventilation—Open Motorboats: Open motorboats are not required to be ventilated, provided each of the five following conditions are met: (a) 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. (b) All such compartments must have at least one (1) square inch of open area per cubic foot, within one (1) inch of the com- partment bilge level or floor, so that any vapors present will drain into open areas. (c) There must be no long or narrow unventilated spaces accessi- ble from such compartments in which a flame could pro- pagate. (d) 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 —8— —5— the full length of the compartment forward. (e) Coast Guard approved at time of manufacture. Section 24. Sound Devices—Motorboats 16 Feet in Length to Less Than 26 Feet in Length: Every motorboat less than 26 feet in length but 16 feet in length or more shall be equipped with one (1) mouth, hand, or powered operated whistle or horn capable of pro- ducing a steady two (2) second blast audible at least one-half ('/2) mile. Section 25. Sound Devices—Motorboats 26 Feet in Length to Less Than 40 Feet in Length: Every motorboat not less than 26 feet but less than 40 feet 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 struck, produces a clear, bell -like tone. Section 26. Sound Devices—Motorboats 40 Feet in Length to Not More Than 65 Feed in Length: Every motorboat not less than 40 feet but not more than 65 feet 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. Section 27. Navigation Lights—Non-Motorboats: Every vessel underway from sunset to sunrise, or at such times as vision is less than 500 feet shall be equipped with a hand lantern or similar device capable of showing a white light and shall be visible for 300 feet. Section 28. Navigation Lights—Requirements: Every motorboat underway from sunset to sunrise or at such times that vision is less than 500 feet shall be required to meet the Federal Regulations for in- land Rules or international Rules of Road. Lights will when/where re- quired by in good operable condition at all times. Section 29. Towing of Water Skiers—Hours: No person shall operate a vessel for the purpose of towing a person on waterskis, surf- board or similar device at any time during a period of dusk 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. Section 30. Towing of Water Skiers—Manner: (a) 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 a manner as to endanger any person or property. (b) No person or persons shall engage in water skiing or be towed on a surfboard or similar device within 300 feet of any boat - launching ramp or within 100 feet of any anchored vessel, trolling vessel, swimmer or swimmers, shoreline, or other ac- tivity on or in the water except as permitted by sub -section hereof. (c) Except on safe take -offs, vessels with skiers under tow a skier must keep 100 feet or more from shore, except in duly authorized waterski tournaments, exhibitions or trials. A take off will not be considered safe unless it can be accomplished with out risk to any swimmers or craft. Skiers must be picked up by a vessel before coming within 100 feet shore; provided, when safe, the skier and the towing vessel may come within less than 100 feet from the shoreline in the process of landing. (d) Counter -Clock Wise Operation of Motorboats and Skiers: On all waters where circular traffic pattern is possible, motorboats having in tow a person or persons on water skiis, aquaplane, or similar contrivance shall be operated at all times in a counter -clockwise direction. All vessels towing water skiers from the shore line, floating dock, or ski platform, and return- ing to same, shall proceed in a counter -clockwise direction. (e) All vessels taking off with skiers from within 100 feet of the shoreline shall take off as straight as practical from shore. On both take off and landings, vessels and skiers shall keep as far distant as possible from adjoining docks, floats, and shoreline. (f) No vessel shall follow behind a person being towed on skis, surfboard or other devices closer than 300 feet, nor come within less than 200 feet of the person being towed. (g) No person shall operate a vessel towing a person or persons on waterskis, surfboard, or similar device unless another com- petent person in the boat is continuously observing the per- son being towed, PROVIDED, that this paragraph shall not ap- ply to motorboats: (1) Used by water ski schools in the giving of instructions. (2) Used in duly authorized water-ski tournaments, competi- tion expositions, or trials. (h) It shall be unlawful for any person or persons to be towed on water skiis, surfboard, or similar device without an approved U.S. Coast Guard Personal Flotation Device (P.F.D.). (i) Person or persons who are actively involved in an approved competition event shall wear an accepted personal flotation device. Section 31. Water Skiing While Intoxicated Prohibited: No per- son shall ride or manipulate any water ski, surfboard, or similar device while under the influence of any intoxicating liquor, narcotic drug, barbiturate, marijuana, or any other controlled substance as defined by RCW 69.50. Section 32. Operating a Motorboat While Intoxicated Pro- hibited: No person shall operate any motorboat while under the in- fluence of any intoxicating liquor, narcotic drug, barbiturate, mari- juana, or any other controlled substance as defined under RCW 69.50. A person is guilty of operating a vessel while under the in- fluence of intoxicating liquors or drugs if he'operates a vessel on the water of Grant County while: (a) He has a 0.10 percent or more by weight of alcohol.in his blood or other bodily substance as shown by tests made in the manner provided by the statutes of the State of Washington. (b) He is under the influence of or affected by intoxicating liquor or and drugs. (c) He is under the combined influence of or affected by intox- icating liquor and any drug. The fact that any person charged with a violation of this sec- tion 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. Section 33. Vessel Speed: 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 wake at all times. Section 34. Age Requirements to Operate Motorboat: It shall be unlawful for a minor under the age of sixteen (16) years 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 legally 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 motor- boat in excess of four (4) horsepower. Section 35. Mooring and Anchorage Restrictions: It shall be unlawful to moor, dock or berth a vessel to any fixed, floating struc- ture, or bridge: (a) Which is privately owned, without the owner's permission. (b) Which delineates or is a portion of a designated swimming area. —6— —7—