HomeMy WebLinkAboutord1990-083W 7COM COUNTY COUNCIL AGENDA BILL NO. 90 -237
CLEARANCES: Initial Date Date Received in Council Office: A enda -Date: Assi ned To:
or; ;nator- Hansey - /' 6/26/ ounce n ro
Division Head- 7/10/90 PS/Co un i 1 -Heari ng
Department Head- PS
Prosecutor Review -
Purchasin Bud et Dir.
Executive-
SUBJECT.
Ordinance amending-Title 11 of.Whatcom County Code, water safety. and boating
ATTACHMENTS.
Ordinance
Public Hearing Needed? Yes /'W/ No/
SUMMARY STATEMENT.•
This ordinance amends Title 11 (which was amended recently in regards to distances allowed
from shore for water skiers) to include language about jet skis and to otherwise bring
County regulations into compliance with state regulations. The ordinance was introduced
at the 6/26/90 meeting by Council member Hansey.
ORIGINATOR'S RECOMMENDED ACTION:
Recommend adoption of the ordinance.
COMMITTEE ACTION (including dates):
COUNCIL ACTION (including dates):
7 -10 -90 One person spoke at public hearing
7 -10 -90 Referred to Public Services for refinement
8 -7 -90 Council. Approved amended ordinance
Related File Numbers. AB90 -182 Ordinance or Resolution Number: ord90 -83
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boating.ord SPONSORED BY: Hansey
amended 8/7/90 PROPOSED BY: Hansey
INTRODUCTION DATE: 6 -26 -90
ORDINANCE NO. 90 -83
AMENDING WHATCOM COUNTY CODE TITLE 11,
BOATING AND SWIMMING REGULATIONS
WHEREAS, Whatcom County Code Title 11 was recently amended by Ordinance
90 -54; and
WHEREAS, it is necessary to further amend Title 11 to clarify the language.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that
Title 11 of the Whatcom County Code shall be amended in it's entirety as indicated in
Exhibit A of this ordinance.
ADOPTED this 7th day of August, 1990.
WHATCOM COUNTY COUNCIL
ATTEST: TCOM C , WASHINGTON
Ramona Reeves, Council Clerk onald G. a ey, Chairman
APPROVED AS TO FORM: (✓) Approved( ) Denied
U
Civil Deputy Prosecutor Shirley Van Zaiten, Executive
Date: - v - g o
BOATING.ORD, 7/5/90, Page 1
EXHIBIT A TO ORDINANCE 90-
AMENDING WHATCOM COUNTY CODE TITLE 11,
BOATING AND SWIMMING REGULATIONS
Title 11
Boating and Swimming
Chapters:
11.04
11.08
11.12
11.16
11.20
11.24
11.28
11.32
11.36
11.40
11.44
11.48
General Provisions
Lighting
Equipment
Operations and Speed Regulations
Water Siding, Swimming and Skin- diving Regulations
Accident Procedures
Prohibitions
Special Restrictions
Boating Events
Miscellaneous Provisions
Enforcement and Impoundment
Violators and Penalties
11.04 GENERAL PROVISIONS
Sections:
11.04.010 Definitions
11.04.020 Title application -- Duty of Sheriffs office
11.04.030 Numbering of vessels required -- Exceptions
11.04.010 Definitions. For the purposes of this title, the words and phrases set out
in this section shall have the following meanings:
A. "Vessel" means every watercraft used or capable of being used as a means
of transportation on the water, other than seaplane.
B. "Personal watercraft" means a vessel of less than sixteen (16) feet which
uses a motor powering a jet -pump as its primary source of motive power and which is
designed to be operated by a person sitting, standing or kneeling on, or being towed
behind the vessel, rather than in the conventional manner of sitting or standing inside
the vessel.
C. "Sheriff' means the Sheriff of Whatcom County or any duly appointed
Deputy Sheriff of Whatcom County, or designee.
D. "Skin- diving" means any free swimming by a person who uses an artificial
or mechanical means to replace his /her air, including self - contained underwater breathing
apparatus, snorkel tube equipment, and free diving gear, but does not include swimmers
using supervised public beaches designated as swimming areas.
BOATING.ORD, 7/5/90, Page 2
E. "Diver's flag" means a red flag five (5) units of measurement on the hoist
by six (6) units of measurement on the fly with a white stripe of one (1) unit crossing
the red diagonally with the flag having stiffness. This flag shall only pertain to skin and
scuba diving, and shall supplement any nationally recognized diver's flag or marking.
F. "Skier's down flag" means a bright red or brilliant orange flag not less than
twelve (12) inches square, mounted on a pole not less than two (2) feet in length.
G. "Idling" or "no -wake speed" means a very slow speed not to exceed five (5)
miles per hour, whereby the wake or wash created by the vessel would be minimal.
H. "Person", "he ", and "his" or other words specifying a particular gender
include any natural person, and , where relevant, a corporation, partnership, joint stock
association, or an unincorporated association.
I. "Restricted Area" means an area that is closed to all traffic therein when
properly marked and designated for certain purposes such as swimming, skin - diving, ferry
landings, aquatic and other special events. The method of markings and designation shall
be in accordance with national, state and local standards and shall have been made by
the Sheriff or other agency having jurisdiction.
J. "Pier" means any pier, wharf, dock, float or other structure to promote the
convenient loading or unloading, or other discharge of vessels, or the repair thereof.
11.04.020 Title application -- Du1y of Sheriffs Office.
A. The provisions of this title shall be applicable to all vessels and persons in
or upon waters under the jurisdiction of Whatcom County; provided, that nothing in this
title shall be construed as permitting the operation of any type, if the same is otherwise
prohibited by law.
B. It shall be the duty of the Whatcom County Sheriffs Office to enforce the
provisions of this title. The provisions of this title shall be construed to supplement
federal and state laws and regulations regarding the same subject matter when not
inconsistent therewith.
11.04.030 Numbering of vessels required -- Exceptions.
A. Every vessel operated in Whatcom County shall be numbered, except for
provisions set forth in subsection B of this section. The number displayed, and the
manner in which it is displayed, shall be in accordance with the standard national system
for numbering as prescribed by the Federal Boat Safety Act of 1971 as now .enacted and
as hereafter amended or as prescribed by the state, if the state shall so legislate. The
number displayed shall be that shown on a current certificate of number and must be
painted on, or permanently attached to, each side of he vessel, and no other number
shall be displayed except as provided in subsection B of this section.
B. A number shall not be required on any of the following:
1. A vessel owned and used by any governmental entity;
2. A vessel displaying a current number issued by
a state having a federally approved numbering
system;
3. A ship's lifeboat;
4. A vessel that is used exclusively for racing;
5. Vessels of foreign ownership, temporarily using
BOATING.ORD, 7/5/90, Page 3
the waters of Whatcom County;
6. Non - motorized vessel under sixteen (16) feet in length.
11.08 LIGHTING
Sections:
11.08.010 Generally. All vessels operation between the hours of one -half
hour after sunset to one -half hour before sunrise, shall carry a white light visible for
three hundred (300) feet distance.
If side marker lights are desired, they shall be affixed in accordance with
the U.S. Coast Guard Regulations.
11.12 EQUIPMENT
Sections:
11.12.010 Safety equipment
11.12.020 Mufflers
11.12.030 Lifesaving equipment
11.12.010 Safety Equipment. All vessels shall be equipped with safety equipment as
follows:
A. Whistles. Vessels sixteen (16) feet or over in length shall be equipped
with an efficient whistle or other sound - producing appliance.
B. Fire extinguishers; required. All motorized vessels shall carry at least one
(1) class B -I or B -II U.S. Coast Guard approved fire extinguisher.
11.12.020 Mufflers and Backfire Devices.
A. All vessels shall at all times be equipped with a functioning underwater
exhaust or muffler system to prevent excessive or unusual noise.
B. No person shall use a muffler or exhaust system with a cutout, a by -pass,
open straight stacks or similar devices that would lessen or negate the sound suppression
characteristics of the muffler system.
C. Carburetors on all engines of vessels, other than outboard motors, shall be.
fitted with a U.S. Coast Guard approved backfire arresting device.
11.12.030 Lifesaving equipment. All vessels shall be equipped with the following
types of personal flotation devices (PFD). These PFD'S shall be U.S. Coast Guard
approved.
A. All persons under the age of seven (7) years shall wear at least a type III
PFD of an appropriate size, any time they are on a vessel on any waterway.
B. All vessels less than twenty (20) feet in length and all canoes and kayaks
must have one (1) type I, II, III or IV device of a suitable size for each person aboard.
C. All vessels twenty (20) feet in length and over must have one (1) type I,
II or III device of a suitable size for each person aboard, and, in addition, one (1)
throwable type IV device.
D. All type I, II, III and IV devices shall be readily accessible to all persons
BOATING.ORD, 7/5/90, Page 4
aboard. The type IV device shall be immediately available for use. All floatation
2 devices shall be in good condition, serviceable and U.S. Guard Approved.
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4 11.16 OPERATION AND SPEED REGULATIONS
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6 Sections:
7 11.16.010 Operation -- Overloading prohibited.
8 11.16.020 Operation -- Right -of -way rules.
9 11.16.030 Speed regulations.
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11 11.16.010 Operation-- Overloadingprohibited. It is unlawful for any vessel to be
12 loaded with passengers or cargo which exceed the safe - carrying capacity of the vessel
13 where the safe - carrying capacity of the vessel is specified by the manufacturer. Such
14 limitation shall be considered the maximum safe load, and in no event shall a vessel be
15 loaded beyond a capacity which is reasonable and prudent under given atmospheric
16 conditions and other actual and potential hazards affecting operation.
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18 11.16.020 Operation -- Right -of -way rules. The operation rules as between vessels are
19 provided as follows:
20 A. When two vessels are approaching each other head on, or so nearly so as
21 to involve the risks of collision, each boat shall bear to the right and pass the other
22 boat on its left side.
23 B. One vessel may overtake another on either side but shall grant the right-
of -way to the overtaken boat.
C. When two vessels are approaching each other obliquely or at right angles,
26 the boat approaching on the right side has the right -of -way.
27 D. A vessel underway must yield the right -of -way to a craft not underway.
28 E. A motor - powered vessel underway must yield the right -of -way to a sailboat,
29 rowboat, canoe, or other vessel not propelled by a motor.
30 F. A seaplane underway shall yield the right -of -way to all other vessels.
31 G. A swimmer including a person on a floatation device, or a fallen skier, has
32 the right -of -way over any craft.
33 H. No vessel shall approach within fifty feet of a diver's flag indicating the
34 presence of a person operating under water.
35 I. All vessels shall reduce speed and, if necessary, stop and, in any event,
36 yield the right -of -way upon the approach of an emergency vessel.
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38 11.16.030 Speed regulations.
39 A. Speed Limits. No vessel shall exceed the following speeds:
40 1. Within one hundred feet of a swimmer, six miles per hour;
41 2. Within one hundred fifty feet from shore on every lake except Lake
42 Whatcom where the distance shall be 300 feet (except when necessary for a safe take
43 off as defined in section 11.20.010 (c)), six miles per hour;
44 3. Within one hundred feet of any vessel not propelled by a motor, six
45 miles per hour;
46 4. One -half hour after sunset to one -half hour before sunrise, eight
BOATING.ORD, 7/5/90, Page 5
miles per hour;
5. During daylight hours in unrestricted areas, forty miles per hour.
6. Within 300 feet of any public boat launch, 6 miles per hour.
B. Due Care and Caution Required. Compliance with the speed regulations
contained herein shall not relieve the operator of any vessel from the further exercise
of due care and caution as circumstances shall require.
11.20 WATER SKIING, SWIMMING AND SKIN DIVING REGULATIONS
Sections:
11.20.010 Water Skiing.
11.20.020 Swimming.
11.20.030 Skin diving.
11.20.010 Water skiing.
A. Age Requirements. No vessel which has in tow or is otherwise assisting a
person on water skis, aquaplane, surfboard, innertube or similar contrivances, shall be
operated unless such vessel is occupied by at least two persons, one at least the age of
sixteen years, and one of at least eight years of age who shall be observer or ski- tender
in addition to the operator; provided, that this prohibition shall not apply to vessels used
in duly authorized ski tournaments.
B. Intoxication Prohibited. No person shall ride or manipulate any water skis,
aquaplane, surfboard, inner -tube or similar contrivance while in tow, or being assisted
by a vessel, when such person is under the influence of intoxicating liquor or drugs to
a degree which renders said person incapable of safely riding or manipulating such a
contrivance.
C. Distance from shoreline. Except on safe takeoffs and safe landing, vessels
and person under tow on water skis, aquaplane, surfboard, inner tube or a similar
contrivance must keep one hundred fifty feet or more from the dock, float, or shoreline
with the exception of Lake Whatcom which shall remain at 300 feet from the shore,
dock or float. A takeoff will not be considered "safe" unless the person (s) under tow
are heading away from the shore and the takeoff can be accomplished without any risk
to swimmers or vessels. The person(s) under tow, but not the vessel may come within
one hundred fifty feet of the shoreline when in the process of landing, provided that the
return to the shore must be at any angle of forty-five degrees or more to the shoreline.
D. Other vessels. No vessel shall follow behind a skier closer than three
hundred feet, not cross the towing boat bow by less than two hundred feet, nor
alongside a skier closer than one hundred feet.
E. Personal Flotation Devices Required. Any person on water skis,
aquaplane, surfboard, inner tube or similar contrivance shall wear about his body a type
I, II, or III person flotation device as defined and required by the U.S. Coast Guard.
F. Conduct. Any person on water skis, aquaplane, surfboard, inner tube, or
similar contrivance shall conduct himself upon the same in a careful and prudent
manner, and shall remain at all times a reasonable and prudent distances from other
persons and from the property of others, and shall not come within one hundred feet of
a swimmer or any other vessel.
BOATING.ORD, 7/5/90, Page 6
G. Hours. No vessel shall have in tow or shall otherwise assist a person on
water skis, aquaplane, surfboard, inner tube or a similar contrivance from one -half hour
after sunset to one -half hour before sunrise; provided, that this subsection shall not apply
to vessels engaged in duly authorized water ski competitions or expositions.
H. Pattern. All boats towing skiers shall go in a counter - clockwise pattern.
I. Public boat launches. No drop off or take off of skier or having a person
in tow within 300 feet of public boat launch.
I Skier Down Flags. When your skier is in the water the observer must
display a red or orange "skier down" flag. This flag must be 12 inches square and
mounted on a two foot pole.
11.20.020 Swimming. No person shall swim or operate a paddleboard, inner tube,
rubber raft or similar unlicensed device except in restricted swimming areas or within a
distance of one hundred fifty feet from the shore, unless the swimmer is accompanied
by a vessel.
11.20.030 Skin diving.
A. No person shall operate (swim, float or walk) underwater with the aid of
any artificial device such as snorkel or self - contained underwater breathing apparatus
(scuba) beyond one hundred feet from the shoreline unless closely accompanied by a
boat displaying a diver's flag or unless marked by a diver's flag above the water surface
and above the operator's position in the water.
B. The underwater operator shall keep within a fifty -foot horizontal radius of
the diver's flag at all times.
C. No person shall display any diver's flag except during the period a person
is operating under water within the vicinity of the diver's flag.
D. Separate diver's flags shall be displayed for each person so operating under
water.
E. No person shall operate underwater, except with a permit issued at the
discretion of the Sheriffs department, within a three - hundred -foot horizontal radius of
any boat ramp or landing wharf of any boat marina, nor shall such person operate
within a one - hundred -foot horizontal radius of any platform normally used for diving.
11.24 ACCIDENT PROCEDURES
Sections:
11.24.010 Duty in case of collision.
11.24.020 Report required.
11.24.010 Duty in case of collision. The duties of operators and witnesses of
accidents are:
A. The operator of any vessel involved in an accident which results in bodily
injury, death or property damage, shall immediately stop the vessel at the scene of the
accident, or as close thereto as possible, and shall remain at the scene of the accident
until the operator has fulfilled the additional requirements of this section.
B. The operator of any vessel involved in an accident resulting in bodily
BOATING.ORD, 7/5/90, Page 7
injury, death or property damage shall:
1. In the event of a collision with another occupied vessel or an
accident involving personal injury or death, give the other operator, surviving occupant
or any person not injured as a result of the accident his name, address, and the
identifying number of the boat which he was operating and the name and address of the
other occupants of the vessel and shall render to any person injured in such accident
reasonable assistance, including the carrying or the making of arrangements for the
carrying of such person to a physician or hospital for medical treatment if it is apparent
that such treatment is necessary, or if such carrying is requested by the injured person,
or on his behalf. Under no circumstances shall the rendering of assistance or other
compliance with the provisions of this section be evidence of the liability of any operator
for such accident.
2. In the event of a collision with an unattended vessel, or in the event
of an accident resulting only in property damage, the operator of the colliding vessel
shall take reasonable steps to locate and notify the owner or other person in charge of
such vessel or other property of such fact and of his name, address, and the identifying
number of the boat which he was operating. and the name and address of the other
occupants of the vessel.
C. Any witness to an accident shall furnish to the operator, owner, or injured
person his or her name and address.
11.24.020 Report required.
A. The operator or owner of any vessel involved in bodily injury, death or
property damage, shall, within twenty -four hours, report such collision to the Whatcom
County Sheriffs office and shall then and there provide such information as the Sheriff
may require; provided, that no report of property damage shall be required if the
damage does not exceed three hundred dollars in value.
B. Whenever the operator and owner of a vessel is physically incapable of
making a required accident report and there was another occupant in the boat at the
time of the accident capable of making the report, the occupant shall make or cause the
report to be made.
11.28 PROHIBITIONS
Sections:
11.28.010 Intoxication.
11.28.020 Reckless and negligent operation.
11.28.030 Operations by minors.
11.28.040 Houseboats prohibited.
11.28.050 Discharge from watercraft.
11.28.010 Intoxication.*
A. Operating Under Influence. It is unlawful for any person who is under the
influence of or affected by the use of intoxicating liquor or of any drug to operate,
*Editor's Note: For special penalty for violation of this section, see 11.48.020.
BOATING.ORD, 7/5/90, Page 8
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propel or be in actual physical control of a vessel within Whatcom County.
B. Permitting Operation. No .owner of a vessel or person in charge or control
of a vessel shall authorize or knowingly permit the vessel to be propelled or operated
by any person who is under the influence of or affected by the use of intoxicating liquor
or any drug.
C. Prevention Authorized. Whenever it appears reasonably certain to any
Deputy Sheriff that a person under the influence or affected by the use of intoxicating
liquor or any drug is about to operate a vessel in violation of subsection A of this
section, said officer may take reasonable measures to prevent such person from so doing,
either by taking from him or the vessel the keys of such vessel and securing the same
by impounding them, or by some other appropriate means. Such keys or other articles
which may be impounded in order to immobilize the vessel may be returned to the
owner or person in question upon proper identification if it appears there is no longer
any reasonable cause to believe the subject vessel will be operated by a person under
the influence of or affected by intoxicating liquor or any drug.
11.28.020 Reckless and negligent operation.*
A. Reckless Operation. Any person who operates or propels any vessel in
willful or wanton disregard for the safety of person or property is guilty of reckless
operation.
B. Negligent Operation. It is unlawful for any person to operate or propel a
vessel in such a manner as to endanger or be likely to endanger any person or property.
Any person so operating or propelling a vessel shall be guilty of negligent operation.
Negligent operation shall be considered a lesser offense than, but included in, the
offense of operating a vessel in a reckless manner.
11.28.030 Operation by minors. It is unlawful for any person under the age of
sixteen years to operate, or be permitted by the owner or person having charge of a
vessel to operate, a vessel powered by a motor of ten horsepower or more unless
accompanied by a person who is legally capable of operation such vessel. It is unlawful
for a minor ten years of age or under to operate, or be permitted to operate, any
motorized vessel.
11.28.040 Houseboat prohibited. It is unlawful to maintain any houseboat upon
the waters of lakes within Whatcom County.
11.28.050 Discharge from watercraft. It is unlawful to discharge into any body
of water within Whatcom County any sewage, treated or untreated, or any waste derived
from sewage from any vessel or watercraft.
*Editor's Note: For special penalty for violation of this section, see 11.48.020.
BOATING.ORD, 7/5/90, Page 9
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11.32 SPECIAL RESTRICTIONS
Section:
11.32.010
Lake Whatcom.
11.32.020
Lake Sarnish.
11.32.030
Silver Lake.
11.32.040
Birch Bay.
11.32.050
Cain Lake
11.32.060
Reed Lake.
11.32.070
Wiser Lake
11.32.010 Lake Whatcom. The following restrictions shall apply on Lake
Whatcom:
A. Water skiing is permitted only in a counterclockwise direction;
B. Maximum speed of vessels shall be forty miles per hour, except for vessels
taking part in a boating event authorized by sheriffs permit, and except for seaplanes
using normal procedures during periods of takeoff or landing.
C. Waters adjacent to Morning Beach Park Sudden valley shall be restricted
to swimming only.
D. The water adjacent to Afternoon Beach Park is restricted to no public
access on the west side of a line that extends northerly from Point A of a point on the
easterly line of Parcel A to Point B as shown on Exhibit "A" attached to the ordinance
codified in subsections C and D of this section and swimming and non -power boats on
the east side of said line.
Sudden Valley Community Association is authorized to cordon off the specific
areas of Lake Whatcom to accomplish the purpose of subsection C and D of this
section.
11.32.030 Silver Lake. The following restrictions shall apply on Silver Lake:
A. Water skiing is permitted only in a counter - clockwise direction.
B. An official buoyline may be established cooperatively between the
Whatcom County Sheriffs Department, Whatcom County Park Department and
representatives from the Silver Lake Property Owners Association; speed limits between.
the buoyline and the shoreline shall be idling or no wake.
C. For the entire area of Silver Lake the idling speed or no wake provision
shall be in force at all hours from the official opening day of fishing season until May
20th of each year; thereafter, until June 30th, the no wake restriction shall be in force
in the mornings before ten a.m. and in the evenings after seven p.m. Use of motorized
vessels with more than 10 horsepower is prohibited.
11.32.040 Birch Bay. It is unlawful for any person to water ski within six hundred
feet of the shoreline of all Birch Bay waters.
11.32.050 Cain Lake. The following restrictions shall apply on Cain Lake:
A. Speed shall be restricted to idling and /or no wake at all times.
B. Operation of boats having motors in excess of five horsepower is prohibited
BOATING.ORD, 7/5/90, Page 10
on Cain Lake, and the maximum permitted vessel speed shall not exceed trolling speed.
11.32.060 Reed Lake. Only all - electric motors and /or manually powered boats are
permitted to operate on Reed Lake.
11.32.070 Wiser Lake. The following restrictions shall apply on Wiser Lake:
A. Speed is restricted to idling and /or no wake at all times from eight p.m.
to noon the following day.
B. Water skiing is permitted from noon to eight p.m.
C. Speed is restricted to idling and /or no wake at all times west of the Guide
Meridian from March 1st to October 15th.
D. Use of motorized vessels is prohibited upon the waters of Wiser Lake from
October 15th to March 1st.
E. No water skiing is permitted from the public access dock.
F. Water skiing is permitted up to a maximum of six ski boats at any one
time traveling in a counter - clockwise direction.
G. Water skiing is permitted only in a counter - clockwise direction.
11.36 BOATING EVENTS
Sections:
11.36.010 Authority -- Permit required -- Application.
11.36.020 Permit- -Fees and bond.
11.32.030 Permit -- Issuance.
11.32.040 Special shoreline regulations.
11.36.010 Authority -- Permit required -- Application.
A. The Sheriff may authorize the holding of regattas, motorized vessel or
other boat races, tournaments or exhibitions, water -ski tournaments, or other events on
any waters of the County not otherwise restricted by County ordinance.
B. Persons or organizations desiring to sponsor such events shall apply to the
Sheriff at least ten days in advance of the commencement of such events for a permit.
Such application shall be submitted on forms provided by the Sheriff and shall specify:
1. The waters and general area where the event shall be held;
2. The buoys or other marking devices the sponsor of such event shall
place upon the waters to set off any race course or other area;
3. The provisions made by the sponsors for patrolling to prevent the
unauthorized entry into the area of non - participants;
4. The rescue and safety measures that shall be provided to insure the
safety of participants and others from injury or damage;
5. The dates of such events, including the dates of trial practice or
preliminary events, and such other information as the Sheriff may require to full inform
him of the nature and extent of such event.
11.36.020 Permit- -Fees and bond. Each application shall be accompanied by a
permit fee of seven dollars and a bond of not less than two thousand dollars, payable
BOATING.ORD, 7/5/90, Page 11
to the County, to hold the County harmless from any injury or damage which may result
from such event, and to insure that requirements for markers, rescue equipment, or
other safety conditions stated in the application finally approved are actually provided.
11.36.030 Permit -- Issuance. Within ten days after receiving such application, if
adequate provision is made for the safety of the participants and the general public, the
Sheriff may issue a permit for such event. Such permit shall be issued subject to the
condition that the applicant will fulfill the provisions specified in the application finally
approved. If at any time the sponsors or participants in such event violate any of the
conditions contained in the applications, such permit may be revoked by the Sheriff.
11.36.040 Special shoreline regulations. Where exceptional circumstances are
shown to exist, the Sheriff may, by the application procedures established in Sections
11.36.010 through 11.36.030, issue a permit for the operation of an individual vessel
within one hundred fifty feet of any shoreline in excess of the six mile per hour speed
limit established herein; provided, that the bonding requirement established by Section
11.36.020 may be waived if the circumstances surrounding the issuance of the permit do
not warrant such a requirement in the judgment of the Sheriff. Any area wherein
vessels are permitted to operate in excess of the speed restrictions within one hundred
feet of the shoreline shall be marked by buoys, posted signs and /or other markings
sufficient to warn the general public. It is unlawful for any person to swim or skin dive
within such specially marked areas.
11.40 MISCELLANEOUS PROVISIONS
SECTIONS:
11.40.010 Boat rentals.
11.40.020 Sheriffs approval required for placement of buoys, floats, etc.
11.40.030 Floating or sunken objects -- Action by Sheriff- - Owner's duty.
11.40.040 Obstructions -- Declared unlawful -- Sheriff s power to remove
and impound.
11.40.010 Boat rentals. The owner of a place which keeps and maintains more
than one vessel for use by members of the public on a regular basis whether for rent or
otherwise shall:
A. Not allow any such vessel to be used without first insuring that the vessel
contains all safety equipment, numbering and other requirements specified in this title
for all vessels; and
B. Keep a record of the name and address of the person or persons using any
such vessel and the identification number, departure time and expected return time of
any such vessel. The record shall be preserved for at least thirty days and shall be
available for inspection by any deputy sheriff.
11.40.020 Sheriffs approval required for placement of buoys, floats. etc.
A. Any person desiring to place any buoy, float, ski jump platform or any
similar contrivance upon any body of water covered by the provisions of this title dealing
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with lakes shall first obtain approval of the Sheriff prior to such placement. The Sheriff
may place such conditions upon his approval as he or his authorized representative
deems necessary in the interest of public safety.
B. Any approval obtained from the Sheriff shall be in addition to and shall
not be construed as a substitute for compliance with other County and State statutes
such as those dealing with shorelines management governing placement of such
contrivances.
C. All directional or marker buoys or floats shall be constructed of materials
and to requirements of the Sheriffs office.
11.40.030 Floating or sunken objects -- Action by Sheriff- - Owner's dutX.
A. All vessels or any other material or article of value found adrift, wrecked
or submerged may be taken in charge by the Whatcom County Sheriff Department and
shall be subject to reclamation by the owner thereof according to provisions of Sections
11.44.020 through 11.44.060 governing impoundments.
B. Whenever a vessel is wrecked or sunk, it shall be the duty of the owner of
such vessel to immediately mark it by buoy or beacon during the day and a lighted
lantern by night, which mark(s) shall remain until the sunken or wrecked craft is
removed. The failure or neglect of such owner to do so is unlawful and it shall be the
affirmative duty of such owner to commence the immediate removal of the same.
11.40.040 Obstruction -- Declared unlawful -- Sheriffs power to remove and impound.
A. It is unlawful to cause an obstruction and owner or other person in charge
of the obstructing vessel shall be responsible therefor.
B. In addition, the Sheriffs department shall have the power to order any
obstruction to be removed and it is unlawful to fail, neglect or refuse to do so.
C. In addition, should any vessel or any matter of any description constitute
an obstruction, the Sheriffs department shall be empowered to impound the same and
the owner thereof shall be liable for any cost incurred in impounding and keeping the
same prior to the item being released to the owner in accordance with the provisions of
Section 11.44.020 through 11.44.060 dealing with impoundment.
11.44 ENFORCEMENT AND IMPOUNDMENT
Section:
11.44.010
Citations.
11.44.020
Impoundment -- Authorized when.
11.44.030
Impoundment -- Expenses.
11.44.040
Impoundment- -Sale of impounded craft.
11.44.050
Impoundment -- Impounding -in- place.
11.44.060
Impoundment -- Enforcing authority not liable.
11.44.010 Citations. Whenever any vessel is found in violation of any of the
provisions of this title and the owner, master or other person in charge of the vessel is
not in the immediate vicinity, any person authorized to enforce the provisions of this
title may, upon finding such vessel, take the identification number and any other
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information which may identify its owners, master or other person in charge of it and
shall conspicuously affix such citation to the offending vessel.
11.44.020 Impoundment -- Authorized when. Any person entitled to enforce the
provisions of this title may, in addition other specific provisions regarding the same, take
immediate possession and /or impound and remove any vessel or obstruction when:
A. The operator or master of the same reasonably appears incapable of safely
operating the same or appears incapable of directing the disposition of the same;
B. The operator or master of the same refuses to sign a citation, or refuses
or neglects to obey an order of the enforcing authority to proceed from or to an area
following a citation, or in an emergency;
C. The operator or master operates a vessel or obstruction in a negligent,
reckless or other manner so as to endanger the safety of others or to unreasonably
interfere with the navigation of other vessels and the enforcing authority believes such
operation of the vessel or obstruction would continue unless possession be taken of the
same;
D. The vessel or obstruction appears unsafe for transportation; or
E. The vessel or obstruction appears abandoned, or is anchored or moored in
an anchorage, waterway or submerged street area after expiration, cancellation or
violation of a permit or in violation of this title, without a permit seventy -two hours
after and order to remove the same has been given by the enforcing authority; and
remove the same, using such methods as in his judgment will prevent unnecessary
damage to said vessel, or obstruction and /or assign the removal and impounding of said
vessel, or obstruction to a private corporation.
11.44.030 Impoundment -- Expenses. In the event possession is taken of any vessel,
or obstruction as authorized in Section 11.44.020, the expenses incurred by the enforcing
authority in the removal, towing, impounding and moorage of the same shall be paid by
such vessel or obstruction or the owner or other person in charge thereof. When a
vessel or obstruction is moored or impounded at a county facility, the enforcing authority
shall assess a reasonable moorage charge therefore, which shall be paid by such vessel
or obstruction or the owner or other person in charge thereof. The enforcing authority
may decline to release possession of any vessel or obstruction until all charges are paid:
11.44.040 Impoundment- -Sale of impounded craft. In the event a vessel or obstruction
remains impounded for ninety days and the charges of towing and impounding remain
unpaid, the enforcing authority may sell the same at public auction. The enforcing
authority may maintain an action against the owner or person in charge of the vessel or
obstruction for recovery of the expenses of towing and impounding, or the remaining
balance thereof, in the event of sale of the same.
11.44.050 Impoundment--Impounding-in-place. When taking possession as
authorized in Section 11.44.020, the enforcing authority may impound the vessel or
obstruction in place by posting the same with one or more signs or notice in
conspicuous places stating "Sheriff Impound- -Keep Off' and notifying the owner, master
or person in charge of the impounding. The enforcing authority may, in his discretion,
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appoint as custodian the owner or master; or the owner or operator of the facility or
property where the vessel is moored or anchored. Upon the posting of such signs, it is
unlawful for any person:
A. To move, load or unload, rebuild or enter upon such vessel or obstruction
without written permission from the enforcing authority, other than for necessary
maintenance and repair to prevent deterioration of the same or sinking:
B. To remove, mutilate, destroy or conceal any notice or sign posted by the
enforcing authority pursuant to the provisions of this title.
11.44.060 Impoundment -- Enforcing authority not liable. The enforcing authority shall
not be held responsible for damages incurred as a result of impound of a vessel so long
as all reasonable and safe practices are employed in the operation.
11.48 VIOLATIONS AND PENALTIES
Sections:
11.48.010 Aiding and abetting unlawful.
11.48.020 Designated.
11.48.010 Aiding and abetting unlawful. It is unlawful to counsel, aid or abet the
violation of or failure to comply with any of the provisions of this title.
11.48.020 Designated. Any person who is convicted of violating, or who is convicted
of aiding or abetting a violation of, any of the provisions of this title dealing with waters
shall be punished by fine not to exceed five hundred dollars and shall not be punished
by confinement in any jail or correctional institution; provided, that offenses described
in Sections 11.28.010 and 11.28.020 shall be classified and punishable by imprisonment
in the County jail for a maximum term of six months or a fine of not more than five
hundred dollars or by both such imprisonment and fine.
11.48.030 Severability. If any section, subsection, sentence, clause or phrase of
this ordinance or amendment thereto or its application to any person or circumstance,
is held invalid, the remainder or application to other persons or circumstances shall not
be affected.
11.48.040 Repealer. The former Whatcom County Title 11 and all amendments
thereto are hereby superceded.
(end)
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