HomeMy WebLinkAbout3342Ordinance No. 3342
["Beginning July 1, 1998"]
(Amending or Repealing Ordinances)
Amended by Ord. 3693
ORDINANCE NO. I3 llo2-
AN ORDINANCE of the City Council of the City
of Kent, Washington, amending Chapter 4.06 of the Kent
City Code entitled "Boating Regulations" relating to
recreational vessel and related activities within the City of
Kent adopting certain provisions of the Revised Code of
Washington and the Washington Administrative code as a
substitute for and in addition to certain provisions of this
Chapter and making other related amendments.
WHEREAS, the City Council adopted Chapter 4.06 of the Kent City Code
(Ordinance No. 3248 as amended by Ordinance Nos. 3280 and 3291) establishing
regulations for recreational vessels and related activities within the City; and
WHEREAS, the City Council finds it appropriate to amend Chapter 4.06 to
adopt certain provisions of the Revised Code of Washington, attached to this Ordinance as
currently enacted as Exhibit A, and the Washington Administrative Code, attached to this
Ordinance as currently enacted as Exhibit B, relating to vessel regulations and by making
other amendments; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION!. Chapter 4.06 of the Kent City Code entitled "Boating Regulations"
is hereby amended to read as follows:
CHAPTER 4.06. BOATING RECREATIONAL VESSEL REGULATIONS.
Sec. 4.06.010. Application of regulations.
The provisions of this chapter shall be applicable to all watereraft
recreational vessels and related uses in and upon all lakes within the geographical
boundaries of the City of Kent. The provisions of this chapter shall be construed to
supplement United States laws and state laws and regulations when not expressly
inconsistent therewith.
Sec 4 06 020 Revised Code of Washington provisions adopted by reference.
A. The following provisions of Chapter 88.02 of the Revised Code of
Washington (RCW) entitled "Vessel Registration" as currently enacted and as hereinafter
amended are herebyadopted by reference and incorporated herein:
RCW 88.02.020 Registration and display of registration number and decal
prerequisite to ownership or operation of vessel -
Exemptions.
RCW 88.02.025 Registration of vessels numbered under the federal boat
safety act.
RCW 88.02.030 Exceptions from vessel registration.
RCW 88.02.090 Inspection of registration - Violation of chapter.
RCW 88.02.110 Penalties - Disposition of moneys collected - Enforcement
authority.
B. The following provisions of Chapter 88.12 of the Revised Code of
Washington (RCW) entitled "Regulation of Recreational Vessels" as currently enacted and
as hereinafter amended are hereby dopted by reference and incorporated herein:
RCW 88.12.010. Definitions.
RCW 88.12.015. Violations of chapter punishable as misdemeanor -
Circumstances - Violations designated as civil infractions.
RCW 88.12.020. Operation of vessel in a negligent manner - Penalty.
RCW 88.12.025. Operation of vessel in a reckless manner - Operation of a
vessel under the influence of intoxicating liquor - Penalty.
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RCW 88.12.035.
Failure to stop for law enforcement officer.
RCW 88.12.055.
Enforcement - Chapter to supplement federal law.
RCW 88.12.065.
Equipment standards - Rules - Penalty.
RCW 88.12.075.
Tampering with vessel lights or signals - Exhibiting false
lights or sicnals - Penalty.
RCW 88.12.085.
Muffler or underwater exhaust system required -
Exemptions - Enforcement - Penalty.
RCW 88.12.095.
Personal flotation devices - Inspection and approval - Rules.
RCW 88.12.105.
Failure of vessel to contain required equipment - Liability of
operator or owner - Penalty.
RCW 88.12.115.
Personal flotation devices required - Penalty.
RCW 88.12.125.
Water skiing safety - Requirements.
RCW 88.12.135.
Loading or powering vessel beyond safe operating ability -
Penalties.
RCW 88.12.145.
Operation of personal watercraft - Prohibited activities -
Penalties.
Sec 4 06 030 Washington Administrative Code provisions adopted by reference
The provisions of Chapter 352-60 of the Washington Administrative Code
(WAC) as currently enacted and as hereinafter amended are hereby adopted by reference
and incorporated herein.
Sec. 4.06.02440. Definitions.
For the purpose of this chapter, in addition to the definitions set forth in
Section 88 12 010 of the Revised Code of Washington adopted above, the following terms
shall have the meaning ascribed in this section:
A. "Authorized emergency --vessel" means any authorized
watereraftvessel of the City's police or fire departments, the United States government,
and State of Washington authorized patrol boats or -vessels.
B. "City" means the City of Kent.
C. "Obstruction" means any matter which may in any way blockade,
interfere with or endanger any ---vessel or impede navigation including but not
limited to rafts, log booms, trees, lumber, and other similar material or objects.
D. "Oil" means any oil or liquid, whether of animal, vegetable or mineral
origin, or a mixture, compound or distillation thereof.
EG. "Person," when necessary, means and includes natural persons,
associations, copartnerships and corporations, whether acting by themselves or by a
servant, agent or employee; the singular number, when necessary, means the plural, and the
masculine pronoun includes the feminine.
FI -I. "Pier" means any pier, wharf, dock, float, gridiron or other structure
to promote the convenient loading or unloading or other discharge of .-,� vessel, or
the moorage of --•vessel.
City of Kent.
GI. "Police" or "Police Department" means the Police Department of the
H4. "Restricted area" means an area that has been marked in accordance
with and as authorized by the law or regulations of the City, to be used for certain
designated purposes such as swimming and aquatic events or otherwise closed to use by
---vessels, the method of marking and designation of which shall have been made
by the City in accordance with the provisions of this chapter.
IK. "Skin diving" means any free swimming person and/or any person who
uses an artificial or mechanical means to replace his or her air, including self-contained
underwater breathing apparatus (SCUBA diving), snorkel tube equipment and free diving
gear.
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J. "Vessel" includes but is not limited to rowboat. sailboat, sailboard,
canoe kap, powerboat ski boat personal watercraft and other similar watercraft,
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person or persatis beitig towed behind a motor powered > >
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limited skis,to, a b -.CL._. rds ar -:1..-_ .. -,-triy,.., ee
Sec. 4.06.03950. Motor powered --•irvessels prohibited - Exception
Except on lakes otherwise specifically provided for in this chapter, no motor
powered w> -vessels shall be operated on any lake within the City.
Sec. 4.06.060. Required distance from power craftmotor powered vessels to
swimmers and to vv hoOs-othervessels.
Except as provided in Section 4.06.200kAL lit is unlawful for any motor
powered wwessel to be operated while the propeller is engaged within fifty feet of
any swimmer or any row boat, canoe or other water eanveyatteesy-essels.
Sec. 4.06.070. Dumping trash in lakes prohibited.
The dumping, depositing, placing or leaving of any garbage, ashes, debris,
brush or other material into any lake, is prohibited.
Sec. 4.06.080. Floating objects adrift.
All w vessels, or any other articles of value found adrift in any lake
in the City, may be taken into possession and removed by the police or other authorized
City official or agent and shall be subject to reclamation by the owner thereof, on payment
by him or her to the City of any expenses incurred by the City and in case of failure to
reclaim may be sold or disposed of according to law.
Sec. 4.06.090. Sunken --•,vessels.
When any w vessel or obstruction has been sunk or grounded, or has
been delayed in such manner as to stop or seriously interfere with or endanger navigation,
the police may order the same immediately removed and if the owner, or other person in
charge thereof, after being so ordered, does not proceed immediately with such removal,
the police or other authorized city official or agent may take immediate possession thereof
and remove the same, using such methods as in his or her judgment will prevent
unnecessary damage to such watercraft or obstruction, and the expense incurred by the City
in such removal shall be paid by the owner or other person in charge of such
--•vessel or obstruction; and in case of failure to pay the same, the City may
maintain an action for the recovery thereof.
Sec. 4.06.100. Intoxication.
A$. It is unlawful for the owner of any ---vessel or any person
having charge or control of such to authorize or knowingly permit the same to be operated
by any person who is under the influence of intoxicating liquor or drugs.
BG. Whenever it appears reasonably certain to any police officer that any
person under the influence of, or affected by the use of, intoxicating liquor or of any drug
is about to operate a ---vessel in violation of subsection A above, said officer may
take reasonable measures to prevent any such person from so doing.
C44. A violation of this section shall constitute a gross -misdemeanor as
defined in this chapter.
Sec. 4.06.110. Incapacity of operator.
It is unlawful for the owner of any •_vessel or any person having
charge or control of such to authorize or knowingly permit the same to be operated by any
person who by reason of physical or mental disability is incapable of operating such
weAeremftyessel under the prevailing circumstances.
Sec. 4.06.120. Accidents.
The operator of wafereraftany vessel involved in an accident resulting in
injury or death to any person or in damage to property shall immediately stop such
=-•vessel at the scene of such accident and shall give his or her name, address, and
the name and/or number of his or her w vessel, and the name and address of the
owner, to the person struck or the operator or occupants of the --vessel collided
with or property damaged, and shall render to any person injured in such accident
reasonable assistance.
Sec. 4.06.130. Accident reports.
The owner or operator of any watercraft shall file a written report within
forty-eight hours with the police department of any accident involving death or personal
injury requiring medical treatment or property damage in excess of two hundred dollars in
which such watercraft shall have been involved on any lake of the City.
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Perafittg ft watereraft leaded beyond its safe eaptteity, said affieer tntty t
Sec. 4.06.4-59140. ""Vessel operation within or bordering park property.
No person shall have, keep or operate any boat, float, raft, or
-
—vessel in or upon any lake, within the limits of any park property, or launch the
same at any point upon the shores thereof bordering upon any park property, except at
places set apart for such purposes by the parks and recreation department and so designated
by signs.
Sec. 4.06.4-69150. Restricted areas.
In the interests of safe navigation, life safety and the protection of property,
the city may designate restricted areas and the purpose for which same shall be used on any
lake authorized for --� vessel use. No person shall operate a watercraft within a
restricted area; provided, that this section shall not apply to ---vessels engaged in
or accompanying the activity to which the area is restricted, nor to patrol or rescue craft or
in the case of an emergency.
Sec. 4.06.4-78160. Swimming - Lake Meridian.
A. Swimming in Lake Meridian shall be confined to:
1. Restricted swimming areas, or
2. To within a distance of fifty feet from the shore, or a pier, or an
occupied vessel accompanying the swimmer in the water.
B. Use of inflatable flotation or similar devices, not propelled by instruments such
as oars and paddles, including, but not limited to tubes, boards and inflatable rafts, are only
allowed within a distance of fifty feet from shore in non -designated swimming areas.
C. No person shall cause to be tied to any marker buoy, any watercraft, boat or
similar craft or flotation device such as a tube, board or inflatable raft.
D. No person shall give or transmit a false signal or false alarm of drowning in any
manner.
E. The Director of Parks and Recreation may establish the hours for lifeguard
supervised swimming and may establish rules and regulations for use within or adjacent
to designated swim areas.
Sec. 4.06.80170. Skin diving.
Skin diving shall be prohibited in all lakes in the City except as necessary
for public employees and their agents or other authorized personnel to perform their duties
or in the case of an emergency.
Sec. 4.06.490180. Water skiing.
Water skiing is prohibited on all lakes within the City except for Lake
Meridian which shall be regulated as set forth in Section 4.06.24-9200.
Sec. 4.06.200190. Lake Fenwick - Motor -powered wyessel prohibited -
Exception.
It is unlawful to use or operate any --��vessel with motor power on
Lake Fenwick, except electric fishing trolling motors, and except as necessary for public
employees and their agents or construction company employees to perform their authorized
duties or in case of an emergency.
Sec. 4.06.249200. Lake Meridian - Motor powered--�,ftessel restrictions -
water skiing and personal watercraft operation.
A. Generally. The following rules and regulations are adopted for the use of
motor -powered w vessels on Lake Meridian:
A1. It is unlawful to use or operate any --�� vessel powered by
motor power on Lake Meridian, except that - • ftfvessels with the following engines
will be permitted:
4-a. Water-cooled outboard engines of stock manufacture or stock
manufactured inboard engines with outboard drive units
inboard/outboards) which vent all exhaust gases through the lower drive unit in conjunction
with cooling water and/or vent at a point on the drive unit which is under water at all times;
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or watercooled direct drive inboard engines equipped with a muffler or silencer of sufficient
size and capacity, to effectively muffle and reduce noise similar to that of outboards and
inboard/outboards. This includes both propeller and jet propulsion watercraft.
-2-b. Air-cooled outboard or inboard engines of stock manufacture
rated by the manufacturer at ten horsepower or less.
3-c. Electric fishing trolling motors.
E2. No wftte vessel shall operate in excess of eight miles per hour
after 6:00 p.m. until the hour of 9:00 a.m. and not in excess of thirty-five miles per hour
from 9:00 a.m. to 6:00 p.m.
$:3. 4TaiiTer&R essels exceeding speeds of eight miles per hour shall
remain at least two hundred feet from the shoreline and one hundred feet from other
--•vessels and swimmers and shall proceed around the lake in a counterclockwise
direction.
E-4. All bomsvessels operating on Lake Meridian shall carry United
States Coast Guard approved personal flotation devices in good condition for each person
in the ---vessel.
-F-:5. Motor -powered --vessels operating after sundown shall be
equipped with and have lit proper running lights.
Gr -.6. The anchorage or moorage of unoccupied watereraftvessels is
prohibited except when tied to a pier or dock with the permission of the owner of the pier
or dock.
14-.7. No remote controlled wmer.-raftvessels powered by internal
combustion engines shall operate before 9:00 a.m. or after 6:00 p.m.
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1-.8. Skin diving is prohibited except as necessary for public employees
and their agents or other authorized personnel to perform their duties or in the case of an
emergency.
B. WaterskiinZ. The following regulations apply to all water skiing activities
as defined in RCW 88 12 010(22) including but not limited to being towed behind a vessel
on skis an aquaplane kneeboard tube, or similar device:
1. Water skiing on the lake at speeds up to and including_ eight miles per
hour is permitted any time between dawn and dusk.
2. Water skiing on the lake at speeds over eight miles per hour shall be
limited to the hours of 9:00 a.m. to 6:00 p.m.
•.. -
"Woo 11:1
:. .. .:..
-2-.3. It is unlawful to water ski within three hundred feet of shore except as
follows: a) from privately owned shoreline, water skiers may start at and return to shore
by means of the most expeditious route; b) from City owned shoreline, water skiers may
start or return (deep water start) from a distance of 200 feet or greater from shore but are
prohibited from starting or stopping within 200 feet of shore. For purposes of this
provision, City owned shoreline includes the swimming beach and boat launching areas of
the park. For purposes of starting at and returning to shore as authorized herein, water
skiers may temporarily exceed the speed limit of eight miles per hour.
-5-4. All persons in wa vessels towing persons on water skis, tubes,
surfboards, or similar contrivance shall remain seated at all times.
6-5. All operators of ---•vessels having in tow or otherwise assisting
a person on water skis, tubes, surfboards or similar contrivance shall comply with Sections
EA.,. --.
.:. .. .:.
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-7-6. Regulations stated in this subsection shall not apply to
---nvessels used in water ski tournaments, competitions, expositions, or trials
therefore, which have been duly authorized by the City.
- POR FWWWW"MIFIVII-M
Sec. 4.06.210. Personal floatation devices equipment and navigation lights.
All vessels operating on navigable waters in the City of Kent shall be
equipped as required pursuant to the following provisions:
WAC 352-60-030. Personal flotation devices required.
WAC 352-60-040. Visual distress signals.
WAC 352-60-050. Ventilation.
WAC 352-60-060. Navigation lights and shapes.
WAC 352-60-080.
WAC 352-60-090.
Sec. 4.06.2 4$220. Oil.
Fire extinguisher required.
Backfire flame control.
No owner, operator or other person in charge of any water and
no person along or upon the shore of the waters of the City, shall spill, throw, pump or
otherwise cause oil of any description to be or float upon the waters of the City. Any
person causing oil to be upon the waters of the City as aforesaid shall remove the same and
upon his or her failure to do so, the same may be removed by the City or other appropriate
agency and the expense thereof shall be paid by and recoverable from the person causing
said oil to be upon the water. The payment of such sum or the maintenance of an action
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therefore, shall not be deemed to exempt such person from prosecution for causing such oil
spillage. Any willful violation of this section shall constitute a misdemeanor as defined in
this chapter.
Sec. 4.06.2-50230. Nuisances.
Sunken wnvessels, refuse of all kinds, structures or pieces of any
structure, timber, logs, piles, boom sticks, lumber, boxes, empty containers and oil of any
kind floating uncontrolled on the water, and all other substances or articles of a similar
nature, are hereby declared to be public nuisances and it is unlawful for any person to throw
or place in, or cause or permit to be thrown or placed, any of the above named articles or
substances in any lake in the City, or upon the shores thereof or in such position that same
may or can be washed into said lakes of the City, either by storms, floods, or otherwise.
Any person causing or permitting said nuisances to be placed as aforesaid shall remove the
same and upon his or her failure to do so, the same may be removed by the City or other
appropriate agency and the expense thereof shall be paid by and recoverable from the
person creating said nuisance. In all cases such nuisances may be abated in the manner
provided by law. The abatement of any such public nuisances shall not excuse the person
responsible therefore from prosecution hereunder. A violation of this section shall
constitute a civil violation under Kent City Code chapter 1.04 for which a monetary penalty
may be assessed and abatement may be required as provided therein. In addition to or as
an alternative to enforcement under chapter 1.04, any person who violates this section shall
be guilty of a misdemeanor as provided in this chapter.
Sec. 4.06.2-60240. Public health.
All -vessels entering or in any lake in the City shall comply with
the applicable public health laws and regulations of the United States, the state of
Washington and its political subdivisions.
Sec. 4.06.2-70250. Liability for damages.
Nothing in this chapter shall be construed so as to release any person owning
or controlling any --- nvessel, pier, obstruction or other structure, from any liability
for damages, and the safeguards to life and property required in this chapter shall not be
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construed as relieving any person from installing and maintaining all other safeguards that
may be required by law.
Sec. 4.06.280260. Authorized emergency and patrol waterera€tvessels.
The provisions of this chapter shall be applicable to the operation of any and
all ---vessels on any lake in the City except that they shall not apply to any
emergency and patrol watercraft performing the authorized duties for which such
emergency and patrol water were established.
Sec. 4.06.290270. Directing traffic, restricting --"nvessel speed, suspending
activities, emergency powers.
A. The police are hereby authorized to direct all water traffic
on Lake Meridian either in person or by means of visible or audible signal in conformance
with the provisions of this chapter; provided, that where necessary to expedite
•--tvessel traffic, or to prevent or eliminate congestion or to safeguard persons or
property, such officers and other authorized officers of appropriate governmental agencies
or authorities, may direct water a vessel traffic as conditions may require,
notwithstanding the provisions of this chapter.
B. The Parks Director, or his or her designee, may restrict ---vessel
speed or suspend any or all water activities on Lake Meridian due to natttral
disastersconditions on the lake such as flooding, high water, or other events, conditions, or
occurrences when, in the discretion of the Parks Director, such is deemed necessary to
protect persons or property from injury or damage.
Sec. 4.06.300280. Penalties.
The following penalties shall apply for violations of this chapter.
A. Infraction. Except as provided in Subsections B and C
below or fts otherwis 41. this eltapter, a violation of any of the provisions of this
chapter shall constitute Et ei i v a at e an infraction for which a monetary penalty may be
assessed in the amount of one hundred dollars ($100.00). Pursuant to Chapter 7.84 RCW,
any violation of the provisions of Chapter 88.12 RCW adopted herein which constitutes an
infraction shall be assessed a monetary penalty as established in the penalty schedule
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currently set forth and as hereinafter amended in Court Rule IRLJ 6.2 adopted herein by
reference. Each separate day, or portion thereof, during which any violation occurs shall
constitute a separate violation.
B. Misdemeanor. Any violation of any provision established in this
chapter which constitutes a misdemeanor shall be punishable by a fine not to exceed one
thousand dollars ($1,000.00) or by imprisonment not to exceed ninety (90) days or by both
such fine and imprisonment. Each separate day or portion thereof during which such
violation occurs shall constitute a separate violation.
C. Gross Misdemeanor. Any violation of any provision established in
this chapter which constitutes a gross misdemeanor shall be punishable by a fine not to
exceed five thousand dollars ($5,000.00) or by imprisonment not to exceed one year, or by
both such fine and imprisonment. Each separate day or portion thereof during which such
violation occurs shall constitute a separate violation.
Sec. 4.06.34$290. Authority of officers to board ---vessels.
Commissioned officers of the City are hereby given the authority to board
any --• nvessel found underway on any lake of the City for the purpose of inspection
and enforcement of this chapter.
Sec. 4.06.3-0300. Interlocal cooperation.
Nothing in this chapter shall preclude the City from entering into interlocal
agreements with cities and towns for the administration and enforcement of this chapter.
Sec. 4.06.338310. Enforcement.
It shall be the duty of the police department or other city department or
official as authorized by the mayor to enforce all sections of this chapter.
SECTION 2. Severabilitv. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase of this ordinance.
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SECTION 3. Effective Date. This ordinance shall take effect and be in
force thirty (30) days from and after its passage, approval and publication as provided by
law.
ATTEST:
BRENDA JACOBE4 OTY CLERK
APPROVED AS TO FORM:
ROG R A. LU OVICH, CITY ATTR" —
PASSED L— day of , 1997.
APPROVED day of 1997.
PUBLISHED day of 1997.
I hereby certify that this is a true copy of Ordinance No. ,33YXpassed by
the City Council of the City of Kent, Washington, and approved by the Mayor of the City
of Kent as hereon indicated.
.-�. -- (SEAL)
BRENDA JA OB R, CITY CLERK
P:\L A W \ORDI N AN C\BOATREGC.O RD
PL