|
|
Chapter 10.14
Boating SafetySections:
10.14.010 Definitions.
10.14.020 Authority to Board.
10.14.030 Emergency Vessels.
10.14.040 Especially Hazardous Conditions.
10.14.050 Accident Reporting.
10.14.060 Personal Flotation Devices (PFD).
10.14.070 Lighting.
10.14.080 PFD Requirements for Commercial Vessels.
10.14.090 Ventilation on Motorboats.
10.14.100 Flame Arrester.
10.14.110 Fire Extinguishers.
10.14.120 Prevention of Noise and Smoke.
10.14.130 Sound Devices.
10.14.140 Speed Restrictions.
10.14.150 Vessel Loading.
10.14.160 Scuba Diving.
10.14.170 Water Skiing.
10.14.180 Operator Age Requirements.
10.14.190 Garbage and Sewage.
10.14.200 Safety Buoys.
10.14.210 Docks and Booms.
10.14.220 Operating a Vessel While Intoxicated Prohibited.
10.14.230 Negligent Operation.
10.14.240 Reckless Operation.
10.14.250 Steering and Sailing Rules.
10.14.260 Rules and Whistle Signals.
10.14.270 Motorboats Crossing.
10.14.280 Sailing Vessel Right-of-Way.
10.14.290 Privileged Vessel Duty.
10.14.300 Burdened Vessel Duty.
10.14.310 Overtaking Vessels.
10.14.900 Enforcement.
10.14.010 Definitions.
Terms in this chapter shall mean as follows:
A. “Boating accident” means a collision, sinking, fire, explosion, injury, or loss of life that involves a vessel, its equipment or its appendages.
B. “Boat livery” means a business which holds any vessel for renting or leasing.
C. “Buoy” means a floating device or marker anchored in the water.
D. “Buoy line” means a straight line that would exist if drawn between the closest safety buoys.
E. “dB” means the sound level measured in decibels using the “A” weighted network.
F. “Dock” means any manmade platform extending from the shoreline into the water.
G. “Flotation device” means any device used or capable of being used as a means of transportation on the water and shall include but not be limited to inflatable beach toys, rubber inner tubes, rafts and air mattresses.
H. “Mooring buoy” means a buoy placed for the mooring of vessels. Such buoys will be white with a blue stripe on top.
I. “Motorboat” means any vessel propelled in whole or part by machinery, including those temporarily equipped with detachable motors.
J. “Moving water” means a waterway which has a flow of water which can be measured in cubic feet per second.
K. “Navigation lights” means a red port light and a green starboard light and a white stern light visible at a distance of one hundred yards.
L. “Operator” means a person who is in actual physical control or in charge of a vessel when it is in use.
M. “Owner” means a person who claims lawful possession of a vessel by virtue of legal title or equitable interest therein which entitles them to such possession.
N. “Personal flotation device (PFD)” means life preservers, life vests, flotation rings, buoyant cushions.
O. “Personal watercraft” means a Class “A” inboard vessel, as defined by the U.S. Coast Guard, which uses an internal combustion engine powering a water jet pump as its primary source of motive propulsion and is designed to be operated by a person or persons sitting, standing, or kneeling or being towed behind the product, rather than in the conventional manner of boat operation.
P. “Receiving property” means real property within which the maximum permissible noise levels specified in this chapter shall not be exceeded from sources outside such property.
Q. “Safety buoy” means a buoy placed to regulate or control vessel speed or operations as required for the safety of the public.
R. “Sailboat” means any vessel propelled primarily by the wind.
S. “Shoreline” means any existing waterline.
T. “Ski or swimming dock” means a manmade platform anchored to the bottom of a body of water.
U. “Sound level” means the weighted sound pressure level measured by the use of a metering characteristic and weighted as specified in American Standards Institute Specifications, section 1.4, 1971.
V. “Use” means to operate, navigate, or employ.
W. “Vessel” means any watercraft used or capable of being used as a means of transportation on the water. This definition shall include, but not be limited to, the following: rowboats, sailboats, motorboats, canoes, kayaks, personal watercraft and hover craft.
X. “Wake speed” means a slow speed producing a wake not to exceed six inches in height at its apex when reaching any shoreline, dock, or manmade structure on the shoreline and further not to exceed five miles per hour in any event.
Y. “Waterway” is any waters, waterway, lake, river, tributary canal, lagoon, or connecting waters within the incorporated boundaries of the City of Spokane.
[Ord. C30459; Passed: 6/8/1992]
10.14.020 Authority to Board.
Any law enforcement officer is hereby given the authority to board any vessel found underway in the waters of the City of Spokane for the purpose of inspection and enforcement of this chapter only.
[Ord. C29112; Passed: 6/13/1988]
10.14.030 Emergency Vessels.
All vessels operating on the waterways of the City of Spokane shall yield the right-of-way to law enforcement vessels displaying a bright flashing blue light and siren.
[Ord. C29112; Passed: 6/13/1988]
10.14.040 Especially Hazardous Conditions.
A. If a law enforcement officer observes a vessel being used without sufficient lifesaving or fire-fighting devices or in an overloaded or other unsafe condition as defined in this chapter, and in his judgment such use creates an especially hazardous condition, he may direct the operator to take whatever immediate and reasonable action may be necessary for the safety of those aboard the vessel, including directing the operator to return to mooring and remaining there until the situation creating the especially hazardous condition is corrected or ended.
B. For the purpose of this chapter, “other unsafe condition” means a boat which:
1. does not display navigation lights when required (sunset to sunrise); or
2. has fuel leakage from the engine or fuel system; or
3. has an accumulation of fuel in the bilges or a compartment other than a fuel tank; or
4. does not have a serviceable flame arrester when required; or
5. does not meet the ventilation requirements for fuel tanks and engine spaces.
C. If the vessel is a for-hire vessel from a boat livery, it shall be the obligation of the lessee to insure proper vessel loading and that all safety equipment required by this chapter is present.
[Ord. C29112; Passed: 6/13/1988]
10.14.050 Accident Reporting.
A. In the case of a boating accident, it shall be the duty of the operator, if he can do so without serious danger to the operator’s own vessel, to himself or other persons on board, to render all practical and necessary assistance that may be necessary to other persons affected by such boating accident. Under no circumstances may the rendering of assistance or other compliance with this section be evidence of the liability of such operator for the accident.
B. Any person who complies with subsection (A) of this section or who gratuitously and in good faith renders assistance at the scene of a vessel accident, without objection of any person assisted, shall not be held liable for any civil damages as a result of the rendering of assistance or for any act or omission in providing or arranging salvage, towage, medical treatment, or other assistance where the assisting person acts as any reasonably prudent person would have acted under the same or similar circumstances.
C. Every accident involving a vessel on any waterway in which there is personal injury or death or damage to property in excess of two hundred dollars shall be reported to the Spokane County Sheriff by the vessel operator unless deceased, in which instance a passenger in the vessel, if any, shall have such duty. The Spokane County Sheriff shall provide forms upon which the report shall be rendered.
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, unless deceased, in which instance a passenger, if any, shall without delay notify the Spokane County Sheriff of the:
1. date, time and exact location of the occurrence;
2. name of each person who dies or disappears;
3. number and/or name of the vessels involved;
4. names and addresses of the owner and operator of each vessel or vessels involved.
[Ord. C29112; Passed: 6/13/1988]
10.14.060 Personal Flotation Devices (PFD).
A. Performance requirements for PFDs (adult size) are as follows:
1. Type I PFD is a device designed to turn an unconscious person in the water from a face downward position to a vertical or slightly backward position and have at least twenty-two pounds of buoyancy.
2. Type II PFD is a device designed to turn an unconscious person in the water from a face downward position to a vertical or slightly backward position and have at least fifteen and one-half pounds of buoyancy.
3. Type III PFD is a device designed to keep a conscious person in the water in a vertical position and to have at least fifteen and one-half pounds of buoyancy.
4. Type IV is a device designed to be thrown to a person in the water and is not designed to be worn. It is designed to have at least sixteen and one-half pounds of buoyancy.
B. Every vessel less than sixteen feet in length shall have at least a Type IV PFD for every occupant, except that:
1. Canoes, kayaks, personal watercraft and similar type vessels will have at least a Type III PFD worn by the occupant/ operator.
2. Persons engaged in water skiing, aquaplaning or similar activity shall have a Type I, II, or III PFD worn when engaged in such activity, or a wetsuit specifically designated by a manufacturer for that purpose and capable of floating the water skier.
C. Every vessel greater than sixteen feet in length shall have at least one Type I, II, or III PFD for every occupant. Except for canoes or kayaks, each vessel shall have one Type IV PFD in addition to the other PFDs required.
D. All PFDs must be in serviceable condition and appropriate size for the person wearing it.
E. All PFDs must be readily accessible in case of an emergency.
F. All persons under seven years of age shall wear at least a Type III PFD of an appropriate size any time they are on any waterways.
G. Every operator and person on a vessel on moving water shall wear a Type I, II, or III PFD.
H. Every person on a flotation device on moving water shall wear a Type I, II, or III PFD.
[Ord. C30459; Passed: 6/8/1992]
10.14.070 Lighting.
A. Every nonmotorized vessel that is underway after sunset and before sunrise shall have a lantern or flashlight capable of emitting a white light which shall be temporarily displayed as needed in sufficient time to prevent a collision.
B. Every motorized vessel less than twenty-six feet in length that is underway after sunset and before sunrise shall be equipped with the following lights:
1. a bright white light aft to show all around the horizon (thirty-two points of the compass) and be visible for two miles;
2. a combination light in the forepart of the vessel that is lower than the white light aft. The combination light, which shows green to starboard and a red to port, is fixed to throw the light from dead ahead to two points abaft the beam on respective sides and shall be visible for a distance of one mile.
[Ord. C29112; Passed: 6/13/1988]
10.14.080 PFD Requirements for Commercial Vessels.
A. Every commercial vessel less than forty feet in length shall have at least one Type I, II, or III for each occupant of the vessel.
B. Every commercial vessel that carries passengers for hire or any commercial vessel that is greater than forty feet in length shall have at least one Type I PFD for each occupant.
C. Every PFD must be in serviceable condition and the appropriate size for the person wearing it.
D. All PFDs must be readily accessible in case of emergency.
[Ord. C29112; Passed: 6/13/1988]
10.14.090 Ventilation on Motorboats.
A. Every motorboat, except open motorboats which use fuel having a flashpoint of less than one hundred degrees Fahrenheit, shall have at least two ventilator ducts, fitted with cowls or their equivalent, for the efficient removal of explosive or flammable gases from bilges of every engine and fuel-tank compartment. There shall be at least one exhaust duct installed so as to extend to a point at least midway to the bilge or at least below the level of the carburetor air intake. The cowls shall be located and trimmed for maximum effectiveness so as to prevent displaced fumes from being recirculated.
B. Open motorboats are not required to be ventilated if:
1. All engine, fuel-tank compartment, and other spaces to which explosive or flammable gases and vapors from these compartments may flow are open to the atmosphere and so arranged as to prevent the entrapment of such gases and vapors within the vessel; and
2. Engine and fuel tank compartment shall have as a minimum fifteen square inches of open area directly exposed to the atmosphere for each cubic foot of net compartment volume; and
3. There must be no long or narrow unventilated spaces accessible from such compartments in which a flame front could propagate; and
4. Long, narrow compartments (such as side panels) if joining engine or fuel compartments and not serving as ducts thereto, shall have at least fifteen square inches of open area per cubic foot provided by frequent opening along the full length of the compartment formed.
C. Motorboats that contain fuel tanks that vent to the outside of the boat are exempt from the requirements of subsection (A) of this section to ventilate the fuel-tank compartment.
[Ord. C29112; Passed: 6/13/1988]
10.14.100 Flame Arrester.
A. Every vessel equipped with an inboard engine installed after April 24, 1940, shall be equipped with a back-fire flame arrester except:
1. engines accepted for use without a flame arrester and so labeled by the United States Coast Guard;
2. where the location of the engine will dispense back-fire flame to the open atmosphere clear of the vessel, persons on board, nearby vessels, and structures.
B. Flame arresters must be in serviceable condition, securely mounted with flame-tight connections and have no separation of the grid elements.
[Ord. C29112; Passed: 6/13/1988]
10.14.110 Fire Extinguishers.
A. Motorboats less than twenty-six feet long shall have one Coast Guard Class B-I or one Class B-II type fire extinguisher if any of the following conditions exist:
1. There is a closed compartment under the thwarts and seats wherein portable fuel tanks may be stored.
2. There are double bottoms not sealed to the hull or which are not completely filled with flotation material.
3. There are closed living spaces.
4. There are closed storage compartments in which combustible or flammable materials are stowed.
5. There is a permanently installed fuel tank.
B. Every motorboat greater than twenty-six feet in length but less than forty feet in length will have at least two United States Coast Guard approved Type B-I fire extinguishers or one United States Coast Guard approved Type B-II fire extinguisher.
C. Every motorboat greater than forty feet in length but less than sixty-five feet in length shall have at least three United States Coast Guard approved Type B-I and one United States Coast Guard approved Type B-II fire extinguisher.
D. If a motorboat has an approved fixed fire extinguisher in the engine compartment, it may be substituted for one Type B-I fire extinguisher otherwise required by this chapter.
[Ord. C29112; Passed: 6/13/1988]
10.14.120 Prevention of Noise and Smoke.
A. Every motorboat shall at all times be equipped with a serviceable muffler or other similar device to reduce the sound of engine exhaust, and no person shall use a cutout bypass or similar device upon any motorboat used upon any waterway except motorboats exempted by a watercraft test or watercraft racing permit.
B. It is unlawful for any person to operate upon any waterway, under any condition of speed, load, acceleration, or deceleration in such manner as to exceed the following:
1. for watercraft and engines manufactured before January 1, 1980, a noise level of 84 dB;
2. for watercraft and engines manufactured after January 1, 1980, a noise level of 82 dB;
3. for watercraft and engines manufactured after January 1, 1984, a noise level of 80 dB.
Such measurements shall be taken by a sound level meter at a distance of not less than fifty feet from the motorboat being operated.
C. It is unlawful for any person to operate upon any waterway any motorboat, between one-half hour after sunset and seven am, which motorboat exceeds 64 dB as measured by a sound level meter at a distance of not less than fifty feet from the motorboat being operated.
D. It is unlawful for any person to operate upon any waterway any motorboat which exceeds 74 dB at the shoreline or anywhere within a receiving property. At any hour of the day and between sunset and sunrise, the limit for a receiving property shall be 64 dB, provided such property is a Class A EDNA as defined by WAC 173-70-030(4)(a), residential or recreation area.
E. The following types of sounds shall be exempt from this section:
1. sounds created by safety and protective devices where noise suppression could defeat the intent of the device;
2. sounds created by a warning device not operating continuously for more than five minutes;
3. sounds created by emergency equipment for emergency work necessary in the interest of law enforcement for the health, safety, and welfare of the community;
4. sounds created by the operation of commercial nonrecreational motor-powered craft. These commercial activities include but are not limited to pile driving, operation of a marina, transportation of logs, fishing, and ferries.
F. No person shall sell or offer for sale a new watercraft or new watercraft engine for use in any existing watercraft which exceeds the following maximum noise limits when measured according to the procedures of the society of automotive engineer’s recommended practice SAE-J34:
1. for watercraft and engines manufactured after January 1, 1980, a noise level of 82 dB;
2. for watercraft and engines manufactured after January 1, 1984, a noise level of 80 dB.
[Ord. C29112; Passed: 6/13/1988]
10.14.130 Sound Devices.
A. Vessels less than sixteen feet in length are not required to have a sound-producing device.
B. Vessels that are at least sixteen feet in length but less than twenty-six feet shall have one sound-producing device, either mouth, hand, or power operated, capable of producing a blast of two seconds duration and audible for a distance of one-half mile.
C. Vessels that are at least twenty-six feet in length but less than forty feet in length shall have one sound producing device, either hand or power operated, capable of producing a blast of two seconds duration and audible for a distance of one mile.
[Ord. C29112; Passed: 6/13/1988]
10.14.140 Speed Restrictions.
A. No person shall operate a vessel, except for vessels exempted by watercraft testing or racing permit, at a speed greater than fifty miles per hour on any waterway.
B. A vessel shall not exceed five miles per hour or wake speed when within fifty feet of any:
1. safety buoy;
2. dock or pier;
3. stationary vessel;
4. trolling vessel;
5. shoreline;
6. swimmer or marked swimming area;
7. float;
8. scuba dive flag.
C. Between a half hour after sunset and one-half hour before sunrise, all vessels will operate at a speed not to exceed fifteen miles per hour.
D. Every vessel shall, when operating in fog, mist, falling snow, or a heavy rainstorm, operate at a moderate speed, having a careful regard to the existing circumstances and conditions and shall be able to stop one-half the distance of available visibility.
[Ord. C29112; Passed: 6/13/1988]
10.14.150 Vessel Loading.
A. No operator of any vessel shall allow any person to ride or sit on either the starboard or port gunwale, transom, or on the decking over the bow or any attachment thereto while underway or on a cabin top except while in the act of mooring or casting off unless the vessel is provided with adequate guards or railways.
B. No person shall overload a boat beyond its safe carrying capacity rating as stated on a United States Coast Guard capacity information label, taking into consideration weather and other normal operating conditions. Where the safe carrying capacity of a vessel is specified by the manufacturer, such limitation shall be considered the maximum safe loading for the purpose of this section.
C. In the absence of the United States Coast Guard capacity information label or a capacity information label from the vessel manufacturer, the capacity of a watercraft shall be determined by the following method: Multiply the length of the watercraft in feet and tenths of feet by the width of the boat in feet and tenths of feet. The product shall be divided by fifteen. The result, or if a fraction the next smaller whole number, shall be the maximum capacity of the watercraft in good weather conditions. L x W / 15 = Capacity For the purposes of this section “length” means the distance from stern to bow. “Width” means the distance from port to starboard at its widest point.
[Ord. C29112; Passed: 6/13/1988]
10.14.160 Scuba Diving.
A. Persons who are engaging in scuba diving shall mark the area in which such operations are being conducted by the use of a divers’ flag, which is red with a white diagonal stripe, at least eighteen by twenty-four inches.
B. If such scuba diving operations are not accompanied by a vessel displaying a divers’ flag, a divers’ flag must be affixed to a float or similar device so as to be visible for a distance of one hundred yards.
C. If scuba diving operations are to be conducted between the hours of sunset and sunrise, artificially lighted marker buoys shall be provided and shall be visible for at least one hundred yards.
[Ord. C29112; Passed: 6/13/1988]
10.14.170 Water Skiing.
A. Any person who shall operate a vessel which has in tow another person or persons on water skis, aquaplane, or other similar device, and any person who shall operate such water skis, aquaplane, or similar device in tow behind a vessel shall be deemed engaged in water skiing.
B. Any vessel engaged in water ski operations shall have, in addition to the vessel operator, an observer of at least ten years of age on board for the safety of the person or persons in tow.
C. It shall be unlawful to engage in water skiing during the period from one hour after sunset until one hour prior to sunrise.
D. No person or persons shall engage in water skiing within fifty feet of any boat launching ramp, motionless vessel, anchored vessel, trolling vessel, swimmer, safety buoy, or shoreline.
E. Except on take-offs, no person or persons shall engage in water skiing operations between the safety buoy line and the shoreline. Any take-off from within the safety buoy line must be made outward and at right angles to the shoreline. At no time can such take-off cause risk or hazard to other vessels or persons on the water.
F. No vessel shall follow behind a person being towed on water skis, aquaplane, or other similar device closer than three hundred feet, nor cross the towing vessel’s bow by less than two hundred feet, nor come within one hundred feet of the person being towed.
G. The safety buoy line shall not be used as a slalom course.
H. No person shall operate any vessel, tow rope, or other device by which the direction or location of a person on water skis, aquaplane or similar device may be affected or controlled in such a negligent manner as to endanger or be likely to endanger any person or property.
I. No person shall engage in water skiing while under the influence of any intoxicating liquor, narcotic drug, barbiturate, marijuana, or controlled substance as defined under RCW chapter 69.50.
J. No person shall operate or permit to be operated any vessel used for towing water skiers or similar devices in which person(s) or objects are being towed above, in, or on any waterway unless it shall have on board and display a warning flag.
1. A warning flag shall be bright red in color, measuring twelve inches on each side, mounted on a handle not less than twenty-four inches long and displayed as to be visible from every direction.
2. When anyone being towed by a vessel becomes disengaged from the tow line and is down in the water, a person in the vessel shall immediately hold the warning flag aloft, visible from all sides, as an indicator to other vessel in the area that a person is down in the water. As long as such person is in the water, the flag shall remain displayed to prevent danger to that person and hazards to passing vessels.
3. Such warning flag shall be displayed only under the conditions set forth in this section or when other imminent dangers exist.
K. Any vessel engaged in water skiing, aquaplaning, or similar activity shall proceed in a counterclockwise direction of travel according to the waterway’s topography.
[Ord. C30459; Passed: 6/8/1992]
10.14.180 Operator Age Requirements.
A. No person under the age of ten years shall be allowed to operate a motorboat.
B. Persons ten years of age through sixteen years of age may operate a motorboat of ten horsepower or less, or a motorboat of greater than ten horsepower if under the supervision and control of a person at least eighteen years of age who is also in the vessel and is capable of safely operating such vessel, except that persons under sixteen years of age, who are under the direct supervision of a person at least eighteen years of age, may operate a motorboat if such vessel is operating as part of an authorized race or competition or has been granted a watercraft test permit.
[Ord. C29112; Passed: 6/13/1988]
10.14.190 Garbage and Sewage.
A. No person shall discharge sewage into any waterway directly or indirectly from any vessel.
B. It shall be unlawful for any person, while on any waterway, to throw or discard into the water any waste, debris, refuse, oil, garbage, or other fluid or solid material which may pollute the water, or which may create or aggravate any conditions deleterious to the public health.
[Ord. C29112; Passed: 6/13/1988]
10.14.200 Safety Buoys.
A. The Spokane County sheriff may designate location and install in the water appropriately marked safety buoys that are required for the safety of the public.
B. It shall be unlawful for any person to relocate, damage, or alter any safety buoy.
C. Any vessel operating within the area between the safety buoy line and the shorelines shall do so at wake speed unless such vessel is departing, or towing a water skier in compliance with SMC 10.14.170(E).
D. It shall be unlawful for any vessel to use a safety buoy for the purpose of mooring or otherwise anchoring such vessel.
E. Mooring buoys shall be placed inside the safety buoy line except that mooring buoys may be placed outside the safety buoy line if such buoys are appropriately marked and illuminated with a bright flashing white light between the hours of sunset and sunrise. It is the responsibility of the owner of the mooring buoy to maintain the light.
[Ord. C29112; Passed: 6/13/1988]
10.14.210 Docks and Booms.
A. Any dock, float, or similar device that extends more than fifty feet from the shoreline or is anchored more than fifty feet from the shoreline shall be marked by a quick flashing white light between the hours of sunset and sunrise.
B. The placement of any floating course designed for water skiing, aquaplaning, personal watercraft, or similar activity shall require a marine permit pursuant to section 6.03.320 of the Spokane County Code prior to the course being installed on any waterway.
C. Any floating course shall be required to be marked by a quick flashing yellow light placed in the start gate of the course between the hours of sunset and sunrise.
[Ord. C30459; Passed: 6/8/1992]
10.14.220 Operating a Vessel While Intoxicated Prohibited.
A. No person shall operate any vessel while under the influence of any intoxicating liquor, narcotic drug, barbiturate, marijuana, or any other substance as defined under RCW chapter 69.50.
B. Determination of intoxication shall be by the same criteria as provided in RCW 46.61.506, or otherwise in the same manner as when an individual is alleged to be under the influence of an intoxicating liquor or drug while operating a motor vehicle.
[Ord. C29112; Passed: 6/13/1988]
10.14.230 Negligent Operation.
No person shall operate a vessel upon any waterway in such a manner to endanger any persons or property.
[Ord. C29112; Passed: 6/13/1988]
10.14.240 Reckless Operation.
No person shall operate a vessel upon any waterway in willful or wanton disregard for the safety of persons or property.
[Ord. C29112; Passed: 6/13/1988]
10.14.250 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 sailboats are approaching one another, to avoid the risk of collision, one shall keep out of the way of the other 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 sailboat which is close hauled on the starboard tack.
3. When both are running free, with the wind on the same 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 the 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.
[Ord. C29112; Passed: 6/13/1988]
10.14.260 Rules and Whistle Signals.
A. When vessels under power are approaching each other head and head, that is, end on end or nearly so, it shall be the duty of each to pass on the port side of the other; and either vessel shall give, as a signal of her intention one short blast of her whistle, which the other vessel will answer promptly by a similar blast of her whistle, and thereon such vessels shall pass on the port side of each other, but if the course of said vessel are so far on the starboard of each other as not to be considered as meeting head and head each vessel shall immediately give two short and distinct blasts of her whistle, which the other vessel shall answer promptly by two similar blasts of her whistle, and they shall pass starboard side of each other.
B. The foregoing only applies to cases where vessels are meeting end on, or at nearly end on, in such a manner as to involve risk of collision; that is, to cases in which by day, each vessel sees the masts of the other in a line, or nearly in line with her own, and by night in cases where the red light of one vessel is opposed to the red of the other, or where the green light of one vessel is opposed to the green light of the other, or where a red light without a green light is seen ahead, or where both red and green lights are seen anywhere but ahead.
C. If, the vessels under power are approaching each other, from any course, and either vessel is in doubt, it shall immediately signify the same by giving several short and rapid blasts, not less than four, of the whistle or horn.
D. Whenever a motorboat is nearing a short bend or curve in the channel, where from the height of the banks or other cause a motorboat approaching from the opposite direction cannot be seen for a distance of one-half mile ahead, such motorboat, when she shall give a signal of one long blast of the horn or whistle, which signal shall be answered by a similar blast given by any approaching vessel that may be within hearing. Should such a signal be so answered by a vessel upon the further side of such bend, then the usual signals for meeting and passing shall immediately be given and answered; but if the first alarm signal of such vessel is not answered, she is to consider the channel clear and govern herself accordingly. When motorboats are moved from their docks or berths, or other boats are liable to pass from any direction toward them, they shall give the same signal as in the case of vessels meeting at a bend but immediately after clearing berths so as to be fully in sight, they shall be governed by the steering and sailing rules.
E. When motorboats are running in the same direction, and the vessel which is astern shall desire to pass on the starboard side of the vessel ahead, she shall give one short blast of the whistle or horn, as a signal of such desire, and if the vessel ahead answers with one blast, she shall direct her course starboard; if she shall give two short blasts of the whistle or horn as a signal for such desire, and if the vessel ahead answers with two short blasts, she shall direct her course to port. If the vessel ahead does not think it safe for the vessel astern to attempt to pass at that point, she shall immediately signify the same by giving short rapid blasts of the whistle or horn, not less than four, and under no circumstances shall the vessel astern attempt to pass the vessel ahead until such time as they have reached a point where it can be safely done, when said vessel ahead shall signify her willingness by blowing the proper signals. The vessel ahead shall in no case attempt to cross the bow or crowd upon the course of the passing vessel.
F. The whistle signals provided for vessels meeting, passing, or overtaking are never to be used except when vessels are in sight of each other and the course and position of each can be determined in the daytime by sight of the vessel itself, or by night by seeing its navigation lights. In fog, mist, falling snow and heavy rainstorms, when vessels cannot see each other, fog signals only shall be given.
[Ord. C29112; Passed: 6/13/1988]
10.14.270 Motorboats Crossing.
When two 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.
[Ord. C29112; Passed: 6/13/1988]
10.14.280 Sailing Vessel Right-of-Way.
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 way of the sailboat, except when the sailing vessel is overtaking the motorboat from behind.
[Ord. C29112; Passed: 6/13/1988]
10.14.290 Privileged Vessel Duty.
Whenever under this chapter one of the two vessels is to keep out of the way, the other is to maintain her course and speed.
[Ord. C29112; Passed: 6/13/1988]
10.14.300 Burdened Vessel Duty.
A. Every vessel which is directed by this chapter 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 chapter to keep out of the way of another vessel shall, on approaching her, if necessary, slacken her speed or stop or reverse.
[Ord. C29112; Passed: 6/13/1988]
10.14.310 Overtaking Vessels.
A. Notwithstanding anything contained in this chapter, every vessel overtaking any other shall keep out of the way of the overtaken vessel.
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 able to see the other vessel’s sidelights, shall be deemed to the overtaking vessel, and no subsequent alteration of the bearing between the two vessels shall make the overtaking 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.
C. If the overtaking vessel is uncertain whether she is forward or abaft from this direction from the other vessel, she should assume that she is the overtaking vessel and keep out of the way.
[Ord. C29112; Passed: 6/13/1988]
10.14.900 Enforcement.
This chapter, being a parallel ordinance to chapter 6.03 of the Spokane County Code, and having been ordained for the purpose of allowing officers of the Spokane County Sheriff to enforce one body of boating safety laws on a continuous body of water without regard to municipal boundary lines, shall by mutual agreement between the City and the County of Spokane be enforced by the Spokane County sheriff.
[Ord. C29112; Passed: 6/13/1988]
Code Publishing Company
|
|
|