Chapter 12.02
REGULATION OF VESSELS

Sections:

12.02.010    Definitions.

12.02.020    Personal flotation devices—Exceptions—Penalty.

12.02.030    Visual distress signals.

12.02.040    Ventilation.

12.02.050    Navigation lights and shapes and sound and light signals.

12.02.060    Steering and sailing.

12.02.070    Fire-extinguishing equipment.

12.02.080    Backfire name control.

12.02.090    Liquefied petroleum gas.

12.02.100    Canadian vessels.

12.02.110    Vessel operators—Age restriction—Penalties.

12.02.120    Negligent operation of vessel.

12.02.130    Operating a vessel while under the influence of intoxicating liquor or any drug.

12.02.140    Obstructing navigation—Penalty.

12.02.150    Water littering.

12.02.160    Discharging ballast.

12.02.170    Speed limit—No Wake Zone—Penalties.

12.02.175    Registration and display of registration number and decal prerequisite to ownership or operation of vessel—Exceptions—Penalties—Disposition of moneys collected.

12.02.180    Penalties.

12.02.010 Definitions.

When used in this chapter the following words and phrases shall have the meanings designated in this section unless a different meaning is expressly provided or unless the context clearly indicates otherwise.

1.    “Boat” means any vessel manufactured or used primarily for noncommercial use; leased, rented, or chartered to another for the latter’s noncommercial use; or engaged in the carrying of six or fewer passengers.

2.    “Waters” and “waters of the city of Everett” means the navigable waterways within the corporate limits of the city of Everett.

3.    “Length” means a straight line measurement of the overall distance from the foremost point of a vessel to the after-most part of a vessel, measured parallel to the centerline not including bowsprits, bumpkins, boomkins, rudders, outboard motor brackets, outdrive units, propellers, and similar fittings or attachments.

4.    “Motorboat” means any vessel identified in Title 46, Code of Federal Regulations, Table 24.05-1(a), Column 6, which is sixty-five feet or less in length and equipped with propulsion machinery, including vessels propelled with steam machinery, and including vessels which are temporarily or permanently equipped with a detachable motor.

5.    “Motorboat” shall also mean and include seaplanes while taxiing and not otherwise governed by valid Washington state or federal regulations.

6.    “Motor vessel” means any vessel which is more than sixty-five feet in length and propelled by machinery other than steam.

7.    “Passenger” means every person on board a vessel other than the following:

a.    The owner of a vessel or the representative of the owner;

b.    The operator of a vessel;

c.    The bona fide members of the crew of a vessel who are engaged in the business of a vessel, who have not contributed for their carriage, and who are paid for their services; and

d.    Guests who are on board a vessel which is being used exclusively for pleasure purposes and who have not contributed for their carriage.

8.    “Racing shell, rowing scull, and racing kayak” means any manually propelled boat that is recognized by a national or international racing association for use in competitive racing, in which all occupants row, scull, or paddle, with the exception of a coxswain, if one is provided, and which is not designed to carry and does not carry any equipment not solely for competitive racing.

9.    “Recreational boat” means any vessel manufactured or used primarily for noncommercial use; or leased, rented, or chartered to another for the latter’s noncommercial use. It does not include a vessel engaged in the carrying of six or fewer passengers.

10.    “Use” means to operate, navigate, moor or employ.

11.    “Vessel” means every watercraft used or capable of being used as a means of transportation on the water, other than a seaplane.

12.    “Darkness” means that period between one-half hour after sunset and one-half hour before sunrise.

13.    “Operator” means any natural person in actual physical control of any vessel.

14.    “Person” means any natural person, firm, partnership, association, corporation or organization. (Ord. 1246-86 § 1 (part), 1986)

12.02.020 Personal flotation devices—Exceptions—Penalty.

A.    When a person uses a recreational boat on the waters of the city of Everett that is propelled or controlled by machinery, sails, oars, paddles, poles, or another vessel, except racing shells, rowing sculls, and racing kayaks, such person shall comply with Title 33, Code of Federal Regulations 175.3, 175.13, 175.15, 175.17, 175.19, 175.21 and 175.23.

B.    No person shall operate a vessel under nineteen feet in length on the waters of this city with a child twelve years old and under, unless the child is wearing a personal flotation device that meets or exceeds the United States Coast Guard approval standards of the appropriate size, while the vessel is underway. For the purposes of this section, a personal flotation device is not considered readily accessible for children twelve 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 years old and under whenever the vessel is underway and the child is on an open deck 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; or

3.    While on board a vessel at a time and place where no person would reasonably expect a danger of drowning to occur.

C.    Any violation of the child under twelve flotation device requirement is an infraction with a maximum penalty of a five-hundred-dollar fine. Enforcement of this section by law enforcement officers may be accomplished as a primary action, and need not be accompanied by the suspected violation of some other offense. (Ord. 2416-99 § 3, 1999: (Ord. 1246-86 § 1 (part), 1986)

12.02.030 Visual distress signals.

When a person uses a boat on the waters of the city of Everett such person shall comply with Title 33, Code of Federal Regulations, 175.3, 175.105(a), 175.110, 175.113, 175.115, 175.120, 175.125, 175.128, 175.130 and 175.140. (Ord. 1246-86 § 1 (part), 1986)

12.02.040 Ventilation.

When a person uses a boat on the waters of the city of Everett that has a gasoline engine for electrical generation, mechanical power or propulsion, such person shall comply with Title 33, Code of Federal Regulations, 175.3 and 175.201. When used on the waters of the city of Everett a motorboat or motor vessel shall comply with Title 46, Code of Federal Regulations, 25.40-1. (Ord. 1246-86 § 1 (part), 1986)

12.02.050 Navigation lights and shapes and sound and light signals.

A.    When used on the waters of the city of Everett which are governed by the International Regulations for Preventing Collisions at Sea, 1972, (72 COLREGS), Title 33, Code of Federal Regulations, Part 81-72, Appendix A, a vessel shall be equipped with the navigation lights and shapes and sound and light signals as required by such international rules and the COLREGS implementing rules, Title 33, Code of Federal Regulations, Parts 81-72 and 82-72.

B.    When used on the waters of the city of Everett a vessel shall be equipped either with the navigation lights and shapes and sound and light signals as required by the International Regulations for Preventing Collisions at Sea, 1972, (72 COLREGS), Title 33, Code of Federal Regulations, Part 81-72 or as required by the Inland Navigational Rules Act of 1980, 33, United States Code, Chapter 34, and the Inland Navigational Rules, Title 33, Code of Federal Regulations, Parts 84, 85, 86, 87, 88 and 89. (Ord. 1246-86 § 1 (part), 1986)

12.02.060 Steering and sailing.

When used on the waters of the city of Everett which are governed by the International Regulations for Preventing Collisions at Sea, 1972, (72 COLREGS), Title 33, Code of Federal Regulations, Part 81-72, Appendix A, a vessel shall comply with the steering and sailing rules of such international rules and the COLREGS implementing rules, Title 33, Code of Federal Regulations, Part 82-72. (Ord. 1246-86 § 1 (part), 1986)

12.02.070 Fire-extinguishing equipment.

When used on the waters of the city of Everett a motorboat or a motor vessel shall be equipped with the fire extinguishing equipment as required by Title 46, Code of Federal Regulations, Subpart 25.30. (Ord. 1246-86 § 1 (part), 1986)

12.02.080 Backfire name control.

When used on the waters of the city of Everett a motorboat or a motor vessel shall be equipped with the backfire flame control devices as required by Title 46, Code of Federal Regulations, Subpart 25.35. (Ord. 1246-86 § 1 (part), 1986)

12.02.090 Liquefied petroleum gas.

When a vessel is used to carry persons for hire on the waters of the city of Everett the use on such vessel of any liquefied petroleum gas or certain flammable liquids for cooking, heating, or lighting is prohibited as required by Title 46, Code of Federal Regulations, Subpart 25.45 and Parts 146 and 147. (Ord. 1246-86 § 1 (part), 1986)

12.02.100 Canadian vessels.

When used on the waters of the city of Everett for a period less than sixty days all Canadian vessels which comply with the boating safety laws of the government of Canada shall be exempt from the provisions of Everett Municipal Code Sections 12.02.020, 12.02.030, 12.02.040, 12.02.050, 12.02.070, 12.02.080 and 12.02.090. (Ord. 1246-86 § 1 (part), 1986)

12.02.110 Vessel operators—Age restriction—Penalties.

A.    It is unlawful for any motorboat to be operated, or for any person owning or in charge of any motorboat to authorize any motorboat to be operated, by any person under the age of fourteen years unless such person is accompanied by a person who is over the age of fourteen years.

B.    Penalties.

1.    It is an infraction for any person to violate this section, to be punished by a fine of sixty-two dollars, not including costs and assessments.

2.    Every person who violates this section a third or more times within a two-year period shall be guilty of a misdemeanor, punishable by a maximum possible ninety days in jail and a fine of not less than two hundred fifty dollars nor more than one thousand dollars. Two hundred fifty dollars of the fine shall not be suspended or deferred, but the court may authorize community service in lieu of all or part of the fine. (Ord. 2834-05 § 1, 2005: Ord. 1246-86 § 1 (part), 1986)

12.02.120 Negligent operation of vessel.

A.    It is unlawful for any person to operate a vessel in a negligent manner. For the purpose of this section, to “operate in a negligent manner” shall be construed to mean the operation of a vessel in such manner as to endanger or be likely to endanger any persons or property.

B.    A violation of this section is a misdemeanor, punishable by up to ninety days in jail and by a fine of not more than one thousand dollars. In addition, the court may order the defendant to pay restitution for any damages or injuries resulting from the offense. (Ord. 1703 § 1, 1990; Ord. 1246-86 § 1 (part), 1986)

12.02.130 Operating a vessel while under the influence of intoxicating liquor or any drug.

A person is guilty of operating a vessel while under the influence of intoxicating liquor or any drug if the person operates a vessel within this city while:

A.    The person has 0.08 grams or more of alcohol per two hundred ten liters of breath, as shown by analysis of the person’s breath, blood, or other bodily substance made under 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 made under 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.

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 subsection may upon request be given a breath test for blood alcohol or may request to have a blood sample taken for blood alcohol analysis. An arresting officer shall administer field sobriety tests when circumstances permit.

A violation of this section is a misdemeanor, punishable by up to ninety days in jail and by a fine of not more than one thousand dollars. In addition, the court may order the defendant to pay restitution for any damages or injuries resulting from the offense. (Ord. 2415-99 § 1, 1999: Ord. 1246-86 § 1 (part), 1986)

12.02.140 Obstructing navigation—Penalty.

Every person who shall in any manner obstruct the navigable portion or channel of the waters of the city of Everett, navigable and generally used for the navigation of vessels, boats, or other watercraft, or for the floating down of logs, cordwood, fencing posts or rails, shall be guilty of a misdemeanor; provided, that the placing of any mill dam or boom across a stream used for floating saw logs, cordwood, fencing posts or rails shall not be construed to be an obstruction to the navigation of such stream, if the same shall be so constructed as to allow the passage of boats, saw logs, cordwood, fencing posts or rails without unreasonable delay. (Ord. 1246-86 § 1 (part), 1986)

12.02.150 Water littering.

It shall be unlawful for any person to dump, throw or otherwise deposit junk, oil, trash, garbage, refuse, or other waste of any kind, including sawdust, edgings, or refuse from any mill or manufacturing plant on or into the waters of the city of Everett. (Ord. 1246-86 § 1 (part), 1986)

12.02.160 Discharging ballast.

Every master or mate, or other officer or other person, belonging to or in charge of any vessel, who shall discharge or cause to be discharged the ballast of such vessels into the waters of the city of Everett shall be guilty of a misdemeanor. (Ord. 1246-86 § 1 (part), 1986)

12.02.170 Speed limit—No Wake Zone—Penalties.

A.    There is designated a “No Wake Zone” which shall consist of the following:

1.    All waters in Port Gardner Bay and the Snohomish River, lying easterly of Jetty Island and northerly to the two hundred block of West Marine View Drive and southerly to the mouth of the Snohomish River at No. 5T Navigation Buoy.

2.    All waters northerly and easterly from the west span of the State Route 529 bridge, to the intersection of the Snohomish River and Interstate 5 bridge span.

B.    No vessel, motorboats or hovercraft shall be operated in the No Wake Zone in such a manner as to leave a visible and/or damaging wake.

C.    This section shall not apply to vessels or motorboats operated by any city, county, state or federal governmental agency while in the performance of their official duties.

D.    Penalties.

1.    It is an infraction for any person to violate this section, to be punished by a fine of sixty-two dollars, not including costs and assessments.

2.    Every person who violates this section a third or more times within a two-year period shall be guilty of a misdemeanor, punishable by a maximum possible ninety days in jail and a fine of not less than two hundred fifty dollars nor more than one thousand dollars. Two hundred fifty dollars of the fine shall not be suspended or deferred, but the court may authorize community service in lieu of all or part of the fine. (Ord. 2834-05 § 2, 2005: Ord. 1571-89 § 1, 1989; Ord. 1246-86 § 1 (part), 1986)

12.02.175 Registration and display of registration number and decal prerequisite to ownership or operation of vessel—Exceptions—Penalties—Disposition of moneys collected.

A.    Except as provided in Chapter 88.02 RCW, no person may own or operate any vessel on waters subject to this chapter unless the vessel has been registered and displays a registration number and a valid decal in accordance with Chapter 88.02 RCW, except that a vessel which has or is required to have a valid marine document as a vessel of the United States is only required to display a valid decal.

B.    Except as otherwise provided in Chapter 88.02 RCW, a violation of this section is an infraction punishable by a fine of one hundred twenty-five dollars.

C.    All public safety and education assessments (PSEA) required by state law shall be added to the base penalty described in subsection B of this section. Remission of PSEA money shall be as set forth in state law and cannot be suspended or waived.

D.    Municipal court judges and judges pro tem shall have discretion to assess additional penalties for failure to pay or respond to notices of infractions issued under this section as otherwise allowed by law. (Ord. 3051-08 § 1, 2008: Ord. 2834-05 § 3, 2005)

12.02.180 Penalties.

Unless otherwise provided, any person violating or failing to comply with any of the provisions of this chapter shall be guilty of a misdemeanor, punishable by a fine in any sum not exceeding one thousand dollars. (Ord. 1246-86 § 1 (part), 1986)