Chapter 5.10
BOATING CODE
Sections:
5.10.010 Control of waters – City.
5.10.020 Definitions.
5.10.030 Application and justification.
5.10.040 Negligent operation.
5.10.050 Reckless operation.
5.10.052 Failure to stop vessel upon request of a law enforcement officer.
5.10.055 Watercraft – No wake zone.
5.10.060 Intoxication.
5.10.065 Internal combustion engines prohibited.
5.10.070 Accidents.
5.10.080 Swimming in certain areas declared unsafe.
5.10.081 Signs declaring no swimming.
5.10.082 Where no swimming signs placed.
5.10.085 Unlawful moorage and trespass.
5.10.090 Penalty where violation.
5.10.010 Control of waters – City.
The city in the exercise of its police power, hereby assumes control and jurisdiction over all waters within its limits as extended by Laws of 1965 Chapter 7, RCW 35.21.160. [Ord. 2531, 1985; Ord. 1294 § 1, 1967].
5.10.020 Definitions.
A. “Owner” for the purpose of this chapter includes the owner of private property, or any lawful tenant or other occupant having been given lawful possession of such private property, or in the case of publicly owned property, any officer or otherwise delegated official having control over said publicly owned property who has rented or leased all or a portion of such publicly owned property, and any employee of such publicly owned property or facility.
B. “Watercraft” means any contrivance used or capable of being used as a means of transportation on water specifically including but not limited to any boat, yacht, or houseboat, whether powered by engine, sail, motor or occupant or occupants. [Ord. 2531, 1985; Ord. 1579 § 1, 1971; Ord. 1294 § 1, 1967].
5.10.030 Application and justification.
The provisions of this chapter shall be applicable to all watercraft, and shall be construed to supplement United States laws and state laws and regulations when not expressly inconsistent therewith. [Ord. 2531, 1985; Ord. 1294 § 1, 1967].
5.10.040 Negligent operation.
It is unlawful for any person to operate a vessel in a negligent manner. For the 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 body or 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 waters. [Ord. 2941 § 1, 1993; Ord. 2531, 1985; Ord. 1294 § 1, 1967].
5.10.050 Reckless operation.
It is unlawful for any person to operate any watercraft in a reckless manner, meaning in a manner acting carelessly and heedlessly in a willful and wanton disregard of the rights, safety or property of another. Any person violating this section is guilty of a misdemeanor, punishable as provided by ECC 5.50.020. In addition, the court may order the defendant to pay restitution for any damages or injuries resulting from the offense. [Ord. 2941 § 2, 1993; Ord. 2853 § 12, 1991; Ord. 2531, 1985; Ord. 1294 § 1, 1967].
5.10.052 Failure to stop vessel upon request of a law enforcement officer.
A. Chapter 235, Section 1, Laws of 1990, including all future amendments thereto, is hereby adopted by reference.
B. Violation of this section constitutes a gross misdemeanor, punishable by a maximum fine of $5,000 and one year in jail. [Ord. 2783 § 1, 1990].
5.10.055 Watercraft – No wake zone.
It shall be unlawful for any person to operate any watercraft within the hereinafter defined no wake zones in such a manner as to create a visible wake. No wake zones are hereby defined to be:
A. Within the boat harbor of the port of Edmonds, such area to be identified as lying within the breakwater maintained by the port;
B. Over the Edmonds underwater park as designed by markers and buoys; and/or
C. Within 50 yards of any public beach, swimming area or fishing pier.
This provision shall not apply to watercraft operated by the Washington State Ferry System nor to any watercraft operated for emergency or rescue purposes by the city of Edmonds, port of Edmonds, Snohomish County or state of Washington. [Ord. 2533, 1985].
5.10.060 Intoxication.
A. It is unlawful for any person who is under the influence of or affected by intoxicating liquor or of narcotic or habit forming drugs to operate or be in actual physical control of any watercraft.
B. It is unlawful for the owner of any watercraft or any person having such in charge or in control to authorize or knowingly permit the same to be operated by any person who is under the influence of or affected by intoxicating liquor or of narcotic or habit forming drugs. [Ord. 2531, 1985; Ord. 1294 § 1, 1967].
C. A person is considered to be under the influence of intoxicating liquor or any drug if:
1. The person has 0.10 grams or more of alcohol per 210 liters of breath, as shown by analysis of the person's breath made under RCW 46.61.506; or
2. 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 made under RCW 46.61.506; or
3. The person is under the influence of or affected by intoxicating liquor or any drug; or
4. The person is under the combined influence of or affected by intoxicating liquor and any drug.
D. Any person violating any provision of this section shall be deemed to have committed a misdemeanor as provided by ECC 5.50.020. In addition, the court may order the defendant to pay restitution for any damages or injuries resulting from the offense. [Ord. 2941 § 3, 1993; Ord. 2853 § 13, 1991].
5.10.065 Internal combustion engines prohibited.
No person shall use or operate internal combustion motor powered watercraft upon the waters of Lake Ballinger within the jurisdictional limits of the city of Edmonds over said lake. It shall be further unlawful for any person to launch any internal combustion motor powered watercraft within or upon said Lake Ballinger from any property, either public or private, from any place within the city limits of the city of Edmonds. Notwithstanding the foregoing, the following special exceptions shall be lawful:
A. The mayor of the city of Edmonds, or his designee, may authorize special occasion permits in writing in such form as the mayor or his designee may provide for the launching and/or operation of internal combustion motor powered watercraft within and/or on Lake Ballinger within the jurisdictional limits of the city of Edmonds for periods of not in excess of six consecutive hours on any one day for ceremonial and other appropriate purposes consistent with appropriate utilization and conservation of said lake.
B. The officers and employees of governmental law enforcement, fire and research agencies are exempt from the provisions of this section of the Edmonds City Code, and need not obtain a written permit for launching and/or operation of internal combustion motor powered watercraft upon said lake; provided that said launching and/or use is limited to the performance of his or her duties in behalf of said governmental agency. [Ord. 2531, 1985; Ord. 2152 § 1, 1980; Ord. 2140, 1980].
5.10.070 Accidents.
The operator of any watercraft involved in an accident resulting in injury or death to any person or in damage to property shall immediately stop such watercraft at the scene of such accident and shall give his name, address, and name and/or number of his watercraft, and the name and address of the owner, to the persons struck or the operator or occupants of the vessel and watercraft collided with or property damaged, and shall render to any person injured in such an accident reasonable assistance. [Ord. 2531, 1985; Ord. 1294 § 1, 1967].
5.10.080 Swimming in certain areas declared unsafe.
It is declared that certain public access areas to waters within the jurisdiction over waters as extended, by the city, are declared to be dangerous to the health and safety of swimmers by reason of watercraft launching in and removal from water in said areas. [Ord. 2531, 1985; Ord. 1340A § 1, 1967].
5.10.081 Signs declaring no swimming.
The chief of police shall place signs prohibiting swimming in certain public boating access areas. The signs must be of such size and character to bring attention to the fact that swimming is prohibited by city ordinance. The area in which swimming is prohibited shall be bounded in width on both sides by no swimming signs. No person shall swim in that area between the signs from the shoreline for a distance of 100 feet from the water side of the shoreline. [Ord. 2531, 1985; Ord. 1340A § 1, 1967].
5.10.082 Where no swimming signs placed.
The chief of police shall place the signs prohibiting swimming in the following places. The shoreline of Lake Ballinger where public access is provided by extension of McAleer Way easterly of 74th Avenue West. [Ord. 2531, 1985; Ord. 1340A § 1, 1967].
5.10.085 Unlawful moorage and trespass.
It is unlawful for any person or persons to do any of the following acts, and the doing of the same shall constitute a misdemeanor:
A. To moor or tie up any watercraft on or to any public or private pier, dock, float, piling, breakwater, or other similar marine structure, without having first secured the permission of the owner;
B. To go upon any public or private pier, dock, float, piling, breakwater or other similar marine structure, after having been told to leave by the owner, or after any previously obtained permission has expired or has been revoked;
C. To go upon any public or private pier, dock, float, piling, breakwater or other similar marine structure posted with a sign indicating such person or class of persons are not permitted to enter onto such place;
D. To go upon or into any watercraft without having first secured the permission of the owner; provided, however, the acts prohibited by this section shall not prohibit persons acting in the distress of an emergency which immediately affects life or property from doing the otherwise herein prohibited acts during the period of the existence of the emergency. [Ord. 2531, 1985; Ord. 1579 § 2, 1971].
5.10.090 Penalty where violation.
Unless otherwise provided for in this chapter of the municipal code, or by state statute adopted by reference, any person violating any provision of this chapter shall have committed a misdemeanor punishable only by a fine not to exceed $100.00 per vessel for the first violation. Subsequent violations in the same year are subject to the following fines:
A. For the second violation, a fine of $200.00 per vessel;
B. For the third and successive violations, a fine of $400.00 per vessel;
C. A violation designated as a civil infraction under this section shall constitute a misdemeanor until the violation is included in a civil infraction monetary schedule adopted by rule by the State Supreme Court pursuant to Chapter 7.84 RCW. [Ord. 2941 § 4, 1993; Ord. 2853 § 11, 1991; Ord. 2531, 1985; Ord. 1579 § 3, 1971; Ord. 1294 § 1, 1967].