Title 12
HARBORS

Chapters:

12.04 Harbor Code

Chapter 12.04
HARBOR CODE

Sections:

12.04.010 Authorization – Harbor defined.

12.04.020 Definitions.

12.04.030 Testing course defined.

12.04.050 Application – Provisions supplemental.

12.04.060 Negligent operation.

12.04.070 Reckless operation.

12.04.080 Speed regulations.

12.04.090 Interference with navigation.

12.04.100 Obstructions.

12.04.105 Moorage restrictions.

12.04.110 Sunken vessels.

12.04.120 Floating objects.

12.04.130 Intoxication.

12.04.140 Incapacity of operator.

12.04.150 Accident – Procedure.

12.04.160 Accident – Reports.

12.04.170 Reports confidential, inadmissibility as evidence.

12.04.180 Overloading.

12.04.190 Restricted areas.

12.04.200 Motor-propelled watercraft – Restricted waterways.

12.04.210 Swimming.

12.04.220 Skin diving.

12.04.230 Water skiing.

12.04.235 Operation of personal watercraft – Prohibited activities – Penalties.

12.04.240 Mufflers.

12.04.250 Equipment and numbering.

12.04.260 Racing.

12.04.270 Aircraft.

12.04.280 Rules of the road.

12.04.290 Propellers.

12.04.300 Explosives.

12.04.310 Dangerous gangways.

12.04.320 Drifting debris.

12.04.330 Nuisances.

12.04.340 Public health.

12.04.350 Enforcement.

12.04.360 Release from arrest on notice to appear.

12.04.370 Exemptions.

12.04.380 Aiding and abetting violation.

12.04.390 Emergency powers.

12.04.400 Yielding right-of-way to authorized emergency vessels.

12.04.410 Filing false information and concealment of pertinent facts.

12.04.420 Boat rental records.

12.04.430 Liability for damages.

12.04.440 Penalty for violation.

12.04.010 Authorization – Harbor defined.

The city, in the exercise of its police power, assumes control and jurisdiction over all waters within its limits, and such waters shall, for the purpose of this chapter, be known as the “harbor.” (1961 code § 13.09.010.)

12.04.020 Definitions.

For the purpose of this chapter:

A. “Anchorage” means a designated position where vessels or watercraft may anchor or moor.

B. “Aquatic event” means any organized water event of limited duration which is duly sanctioned at least seven days in advance by duly constituted authority and which is conducted according to a prearranged schedule and in which general public interest is manifested.

C. “Authorized emergency vessel” means any authorized vessel or watercraft of the Bellevue police department, fire department, King County sheriff’s department, the United States government, and the state of Washington authorized patrol vessels or watercraft.

D. “Boater” means any person on a vessel on waters of the city of Bellevue.

E. “Darkness” means that period between sunset and sunrise.

F. “Diver’s flag” means a red flag five units of measurement on the hoist by six units of measurement on the fly with a white stripe of one unit crossing the red diagonally, the flag to have a stiffener to make it stand out from the pole or mast. This flag shall only pertain to skin and scuba (self-contained underwater breathing apparatus) diving and shall supplement any nationally recognized diver’s flag or marking.

G. “Environmentally sensitive area” means a restricted body of water where discharge of untreated sewage from boats is especially detrimental because of limited flushing, shallow water, commercial or recreational shellfish, swimming areas, diversity of species, the absence of other pollution sources, or other characteristics.

H. “Marina” means a facility providing boat moorage space, fuel, or commercial services. Commercial services include but are not limited to overnight or live-aboard boating accommodations.

I. “Master” means the captain, skipper, pilot or any person having charge of any vessel or watercraft.

J. “Motor-driven boats and vessels” means all boats and vessels which are self propelled.

K. “Operate” means to steer, direct, or otherwise have physical control of a vessel that is underway.

L. “Operator” means an individual who steers, directs, or otherwise has physical control of a vessel that is underway or exercises actual authority to control the person at the helm.

M. “Observer” means the individual riding in a vessel who is responsible for observing a water skier at all times.

N. “Obstruction” means any vessel or watercraft or any matter which may in any way blockade, interfere with or endanger any vessel or watercraft or impede navigation, or which cannot comply with the “Pilot Rules for Certain Inland Waters of the Atlantic and Pacific Coasts and of the Coast of the Gulf of Mexico.”

O. “Oil” means any oil or liquid, whether of animal, vegetable or mineral origin, or a mixture, compound or distillation thereof.

P. “Owner” means the person who has lawful possession of a vessel or watercraft or obstruction by virtue of legal title or equitable interest therein which entitles him to such possession.

Q. “Personal flotation device” means a buoyancy device, life preserver, buoyant vest, ring buoy, or buoy cushion that is designed to float a person in the water and that is approved by the United States Coast Guard.

R. “Personal watercraft” means a vessel of less than 16 feet that uses a motor powering a water jet pump as its primary source of motive power and that 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.

S. “Pier” means any pier, wharf, dock, float, gridiron or other structure to promote the convenient loading or unloading or other discharge of vessels or watercraft, or the repair thereof.

T. “Polluted area” means a body of water used by boaters that is contaminated by boat wastes at unacceptable levels, based on applicable water quality and shellfish standards.

U. “Reckless” or “recklessly” means acting carelessly and heedlessly in a willful and wanton disregard of the rights, safety, or property of another.

V. “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 have been specified by the chief of police.

W. “Skin diving” means any free swimming person and/or any person who uses an artificial or mechanical means to replace his air, including self-contained underwater breathing apparatus, snorkel tube equipment and free diving gear, but shall not mean swimmers using patrolled public beaches designated as swimming areas.

X. “Towboat” means any vessel or watercraft engaged in towing or pushing another vessel or watercraft.

Y. “Vessel” means every description of watercraft on the water, other than a seaplane, used or capable of being used as a means of transportation on water. However it does not include inner tubes, air mattresses, sailboards, and small rafts or flotation devices or toys customarily used by swimmers.

Z. “Water skiing” means the physical act of being towed behind a vessel on, but not limited to, any skis, aquaplane, kneeboard, tube, or any other similar device. (Ord. 5202 § 3, 2000; 1961 code § 13.09.020.)

12.04.030 Testing course defined.

The term “testing course,” as used in this chapter means a course or area on waters subject to the jurisdiction of the city, designated in accordance with this chapter or pursuant to other applicable laws and regulations, for use in industrial development and testing of experimental and production watercraft and vessels. (1961 code § 13.09.021.)

12.04.050 Application – Provisions supplemental.

The provisions of this chapter shall be applicable to all vessels and watercraft operating in the harbor of this city. The provisions of this chapter shall be construed to supplement United States laws and state laws and regulations when not expressly inconsistent therewith in the harbor where such United States and state laws and regulations are applicable. (1961 code § 13.09.040.)

12.04.060 Negligent operation.

Any person who shall operate any watercraft in a manner so as to endanger or be likely to endanger any person or property or at a rate of speed greater than will permit him in the exercise of reasonable care to bring the watercraft to a stop within the assured clear distance ahead, is guilty of negligent operation and a violation of this chapter. (1961 code § 13.09.050.)

12.04.070 Reckless operation.

Any person who operates any watercraft or vessel in a reckless manner so as to endanger the life or limb, or damage the property of any person, is guilty of reckless operation and a violation of this chapter. (1961 code § 13.09.060.)

12.04.080 Speed regulations.

It is unlawful for any person to operate any watercraft or vessel at a speed in excess of seven nautical miles per hour within 100 yards of any pier, dock or shoreline, or within any restricted area. (1961 code § 13.09.070.)

12.04.090 Interference with navigation.

No person shall operate any watercraft or vessel in a manner which shall unreasonably or unnecessarily interfere with other watercraft or vessels or with the free and proper navigation of the waterways of the city. Anchoring or mooring under bridges or in heavily traveled channels constitutes such interference if unreasonable under the prevailing circumstances. (1961 code § 13.09.080.)

12.04.100 Obstructions.

A. Anchorage. No master or person having charge of any vessel, watercraft or obstruction shall anchor the same in any anchorage or fairway nor make the same fast to any buoy, pier or other structure owned by or under the authority and control of the city without obtaining permission therefor from the police department.

B. Towboats. No master, owner or other person in charge of any towboat shall, while towing any vessel, watercraft or obstruction, obstruct any channel or fairway.

C. Orders Authorized. The police department shall have the power to order:

1. Any vessel or watercraft or obstruction anchored in any anchorage or fairway or made fast to any buoy, pier or other structure owned by or under the authority and control of the city;

2. Any towboat and/or its tow obstructing navigation in any channel or fairway; and

3. Any vessel, watercraft or obstruction lying at any pier in the harbor which is obstructing any slip, fairway or other vessel or watercraft;

to be removed, and it is unlawful to fail, neglect or refuse to do so. (1961 code § 13.09.090.)

12.04.105 Moorage restrictions.

It is unlawful for any owner, operator or person having charge, care or control of any vessel, watercraft, or any other floating craft or contrivance to anchor, moor, beach, ground or otherwise secure such vessel, watercraft or other floating craft or contrivance, or to allow such vessel, watercraft or other floating craft or contrivance to continue to be moored, anchored, beached or otherwise secured, to the bed or shoreline of any waters or to any shoreline structure, or to do so within a one-mile radius of the original anchorage or moorage, for a period longer than 24 hours except under the following specific conditions:

A. Where moored to a public pier, buoy or float, specifically intended for public use, in a manner consistent with any posted regulations displayed on-site or any applicable laws, rules or regulations of the public agency with jurisdiction over use of such public property; or

B. Where moored to a private pier with the permission of the owner or lessee of the real property to which the pier is attached; provided, that the vessel, watercraft or other floating craft or contrivance so moored shall remain within the legal property waterline or the established boundaries as defined by the appropriate government agency; or

C. Where authorized or directed in writing by the United States Army Corps of Engineers or the United States Coast Guard to anchor, moor or otherwise locate in a specific area so designated by the federal agency for that particular purpose; or

D. Where owned, leased or under the control of licensed and bonded marine contractors and moored and working at the site of a construction project which has received all necessary federal, state and local permits, approvals and licenses; or

E. Where anchorage or moorage is necessary because of an emergency situation created by an immediate threat to life, the craft and/or the property of others. (Ord. 2824 § 1, 1980.)

12.04.110 Sunken vessels.

When any vessel or watercraft 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 chief of 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 chief of police may take immediate possession thereof and remove the same, using such methods as in his judgment will prevent unnecessary damage to such vessel or watercraft, or obstruction. The expense incurred by such removal shall be paid by such vessel or watercraft or obstruction or the owner or other person in charge thereof; and in case of failure to pay the same, the city may maintain an action for the recovery thereof. (1961 code § 13.09.100.)

12.04.120 Floating objects.

All vessels, watercraft, logs, piling, building material, scows, houseboats or any other article of value found adrift may be taken in charge by the police department and shall be subject to reclamation by the owner thereof, on payment by him 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. (1961 code § 13.09.110.)

12.04.130 Intoxication.

A. Operating Under Influence. It shall be unlawful for any person who is under the influence of intoxicating liquor or narcotic or habit-forming drugs to operate or be in actual physical control of any vessel or watercraft.

B. Permitting Operation. It is unlawful for the owner of any vessel or watercraft or any person having such in charge or in control to authorize or knowingly permit the same to be operated by any person who is under the influence of intoxicating liquor, narcotic or habit-forming drugs.

C. Prevention Authorized. 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 narcotic drug is about to operate a watercraft or vessel in violation of subdivision A of this section, said officer may take reasonable measures to prevent any such person from so doing, either by taking from him the keys of such watercraft or vessel and locking the same, or by some other appropriate means, and shall deposit said keys or other articles, if any, taken from said watercraft or vessel or person, with his commanding officer. Such keys or other articles may be returned to any person upon his demand and proper identification of himself when it appears that he is no longer under the influence of intoxicating liquor or narcotic drug. (1961 code § 13.09.120.)

12.04.140 Incapacity of operator.

It is unlawful for the owner of any vessel or watercraft or any person having such in charge or in control to authorize or knowingly permit the same to be operated by any person who by reason of physical or mental disability is incapable of operating such vessel or watercraft under the prevailing circumstances. (1961 code § 13.09.130.)

12.04.150 Accident – Procedure.

The operator of any watercraft involved in an accident resulting in injury or death to any person or in damage to property shall immediately stop such watercraft at the scene of such accident and shall give his name, address, the name and/or number of his watercraft and the name and address of the owner to the person struck or the operator or occupants of the vessel or watercraft collided with or property damaged, and shall render to any person injured in such an accident reasonable assistance. (1961 code § 13.09.140.)

12.04.160 Accident – Reports.

The master, owner or operator of any watercraft shall file a report within 48 hours with the police department of any accident involving death or personal injury or property damage in excess of $200.00 in which such watercraft shall have been involved. (1961 code § 13.09.150.)

12.04.170 Reports confidential, inadmissibility as evidence.

All required accident reports and supplemental reports and copies thereof shall be without prejudice to the individual so reporting and shall be for the confidential use of the Bellevue police department, city attorney or other peace and enforcement officer as provided herein, except that any such officer may disclose the identity of a person reported as involved in an accident when such identity is not otherwise known or when such person denies his presence at such accident. No such accident report or copy thereof shall be used as evidence in any trial, civil or criminal, arising out of an accident, except that any officer abovenamed for receiving accident reports shall furnish, upon demand of any person who has, or who claims to have, made such a report, or, upon demand of any court, a certificate showing that a specified accident report has or has not been made to the Bellevue police department, solely to prove a compliance or a failure to comply with the requirement that such a report be made in the manner required by law. (1961 code § 13.09.160.)

12.04.180 Overloading.

No watercraft shall be loaded with passengers or cargo beyond its safe carrying capacity nor carry passengers in an unsafe manner taking into consideration weather and other existing operating conditions. (1961 code § 13.09.170.)

12.04.190 Restricted areas.

In the interests of safe navigation, life safety and the protection of property, the chief of police shall designate restricted areas and testing courses and the purpose for which same shall be used. No person shall operate a vessel or watercraft within a restricted area or testing course; provided, that this section shall not apply to vessels or watercraft 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. (1961 code § 13.09.180.)

12.04.200 Motor-propelled watercraft – Restricted waterways.

It is unlawful to operate a motor-propelled boat or other motor-propelled watercraft within the waterways of the area within the city known as the Mercer Slough, lying north of the Sweyolocken boat-launching ramp, except that this provision shall not apply to:

A. It is unlawful to operate a motor-propelled boat or other motor-propelled watercraft within the following waterways of the city:

1. That area known as Mercer Slough, lying north of the Sweyolocken boat-launching ramp;

2. Phantom Lake, located in Sections 1 and 2, Township 24 N, Range 5 E, W.M.

B. Provided, that this provision shall not apply to:

1. Authorized law enforcement watercraft;

2. Emergency vessels or watercraft;

3. Authorized vessels or watercraft which are actually engaged in, or being prepared for work for the maintenance, scientific study, or protection of waterways or wetlands. (Ord. 3798 § 2, 1987; 1961 code § 13.09.185.)

12.04.210 Swimming.

Swimming in the waters of the city shall be confined to:

A. Restricted swimming areas; or

B. Within a distance of 50 feet from the shore or a pier, unless the swimmer is accompanied by a watercraft. (1961 code § 13.09.190.)

12.04.220 Skin diving.

Skin diving shall be prohibited:

A. Within 300 feet of any public boat ramp, patrolled public beach designated as a swimming area, except pursuant to permit therefor issued by the chief of police; or

B. In any other area unless the diver is accompanied by a watercraft or the area in which he is diving is marked by an adequately displayed diver’s flag. (1961 code § 13.09.200.)

12.04.230 Water skiing.

A. Persons in Attendant Boat. No watercraft, which shall have in tow or shall be otherwise assisting a person on water skis, aquaplane, surfboard or similar contrivances, shall be operated or propelled in the harbor unless such watercraft is occupied by at least two competent persons, an operator and an observer. The observer shall continuously observe the person or persons being towed and shall display a flag immediately after the towed person or persons fall into the water, and during the time preparatory to skiing while the person or persons are still in the water. Such flag shall be a bright red or brilliant orange color, measuring at least 12 inches square, mounted on a pole not less than 24 inches long and displayed as to be visible from every direction; provided, that this subsection shall not apply to watercraft used in only authorized water ski tournaments, competitions, expositions or trials therefor or to personal watercraft, the design of which makes no provision for carrying an operator or any other person on board, and that is actually operated by the person or persons being towed. Every remote-operated personal watercraft shall have a flag attached which meets the requirements of this subsection. Except as provided under RCW 79A.60.020, a violation of this subsection is an infraction under Chapter 7.84 RCW as adopted by reference in BCC 12.04.440.

B. Distance from Shore. It is unlawful to water ski or to tow or otherwise assist anyone on water skis, aquaplane, surfboard or similar contrivance within 100 yards of shoreline, pier, restricted area or shore installations; provided, water skiers may start at a shore installation but must head away from shore to a point at least 100 yards, as set forth above, before skiing parallel with the shore. The return to the shore must be on a 45 degree angle to the shore line.

C. No person shall engage or attempt to engage in water skiing without wearing a United States Coast Guard approved personal flotation device. Except as provided under RCW 79B.60.020, a violation of this subsection is an infraction under Chapter 7.84 RCW as adopted by reference in BCC 12.04.440.

D. Night Skiing. No watercraft shall have in tow or shall otherwise be assisting a person on water skis, aquaplane, surfboard or similar contrivance from sunset to sunrise; provided, that this subsection shall not apply to watercraft used in duly authorized water ski tournaments, competitions, expositions or trials therefor.

E. Prudent Operation of Boat. All watercraft having in tow or otherwise assisting a person on water skis, aquaplane, surfboard or similar contrivance, shall be operated in a careful and prudent manner and shall remain at all times at a reasonable and prudent distance from the person and property of others.

F. Prudent Skiing. Any person on water skis, aquaplane, surfboard 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 distance from the person and property of others. (Ord. 5202 § 2, 2000; 1961 code § 13.09.210.)

12.04.235 Operation of personal watercraft – Prohibited activities – Penalties.

A. A person shall not operate a personal watercraft unless each person aboard the personal watercraft is wearing a United States Coast Guard approved personal flotation device. Except as provided for in RCW 79A.60.020, a violation of this subsection is a civil infraction punishable under RCW 7.84.100 as adopted by reference in BCC 12.04.440.

B. A person operating a personal watercraft equipped by the manufacturer with a lanyard-type engine cutoff switch shall attach the lanyard to his or her person, clothing, or personal flotation device as appropriate for the specific vessel. It is unlawful for any person to remove or disable a cutoff switch that was installed by the manufacturer.

C. A person shall not operate a personal watercraft during darkness.

D. A person under the age of 14 shall not operate a personal watercraft on the waters of the city.

E. A person shall not operate a personal watercraft in a reckless manner, including recklessly jumping the wake of another vessel unreasonably or unnecessarily close to the vessel or when visibility around the vessel is obstructed, or recklessly swerving at the last possible moment to avoid collision.

F. A person shall not lease, hire, or rent a personal watercraft to a person under the age of 16.

G. Subsections A through F of this section shall not apply to a performer engaged in a professional exhibition or a person participating in an authorized regatta, race, marine parade, tournament, or exhibition.

H. Violations of subsections B through F of this section constitute a misdemeanor under BCC 10.92.020. (Ord. 5202 § 4, 2000.)

12.04.240 Mufflers.

It is unlawful to use or operate any engine in the waters of the city unless the engine is operated with and connected to a muffler or silencer of sufficient size and capacity effectually to muffle and prevent excessive or unusual noise from the exhaust of the engine. (1961 code § 13.09.220.)

12.04.250 Equipment and numbering.

All watercraft or vessels shall carry the equipment required by any applicable United States laws as now or hereafter amended, and shall be numbered or designated in accordance with any applicable United States laws as now or hereafter amended. (1961 code § 13.09.230.)

12.04.260 Racing.

Nothing in the provisions of this chapter shall be construed to mean that the operator of a watercraft competing in a race or regatta or trials therefor, which has been duly authorized by an appropriate governmental agency or authority, or an operator engaged in industrial development and testing of experimental and production watercraft and vessels, shall be prohibited from attempting to obtain high speeds on duly designated and indicated racing or testing courses, nor while engaged in such racing or testing shall such watercraft or vessels be required to comply with BCC 12.04.080, 12.04.240 or 12.04.250. (1961 code § 13.09.240.)

12.04.270 Aircraft.

All vessels or watercraft shall keep clear of aircraft landing within any area now or hereafter set aside by law for such purpose. Aircraft on the water shall keep clear of all vessels and watercraft and avoid impeding their navigation. (1961 code § 13.09.250.)

12.04.280 Rules of the road.

Except as herein otherwise specified, vessels or watercraft shall be subject to the “Rules to Prevent Collisions of Vessels and Pilot Rules for Certain Inland Waters of the Atlantic and Pacific Coasts and of the Coast of the Gulf of Mexico,” promulgated by the United States Coast Guard, pursuant to Act of Congress, as such rules are now or may hereafter from time to time be adopted; and be it further provided that sailing vessels or other watercraft, while engaged in a sanctioned or authorized race, predicted log race, regatta or similar event shall be subject to the applicable rules for such event including, but not limited to differing right-of-way rules. (1961 code § 13.09.260.)

12.04.290 Propellers.

No master, owner or other person in charge of any vessels or watercraft shall, while the same is lying in any slip or at any pier, either cause or allow the propeller or wheel of such vessel or watercraft to be worked in such a manner as to endanger any other vessel, watercraft or structure. (1961 code § 13.09.270.)

12.04.300 Explosives.

Every vessel or watercraft approaching or passing any vessel or watercraft engaged in the transfer of explosives and from which is displayed the red powder flag shall slow down to a speed of not exceeding six nautical miles an hour before coming abreast of such vessel or watercraft and in time to prevent accident by reason of swells. (1961 code § 13.09.280.)

12.04.310 Dangerous gangways.

Whenever any gangway devoted to public use appears to be dangerous for such use, the chief of police shall report the matter to the city building inspector who shall inspect the same and shall forbid the use of such gangway for such purpose until the same shall have been repaired or reconstructed so as to render the same safe for such use and until the same as so reconstructed or repaired has been inspected and its use for such purpose approved by him. (1961 code § 13.09.290.)

12.04.320 Drifting debris.

It is unlawful for the owner, agent or lessee in charge of any pier to allow the whole or any part thereof to fall into or remain adrift in the navigable waters or to drift away. Fender piles, broken or loose, shall be removed by the owner, agent or lessee of any pier, and upon failure to do so, the same may be removed by the police department and the expense thereof shall be paid by and recoverable from the owner, agent or lessee of such pier to the city. (1961 code § 13.09.300.)

12.04.330 Nuisances.

Sunken vessels or watercraft, refuse of all kinds, structures or pieces of any structure, dock sweepings, dead fish or parts thereof, dead animals or parts thereof, 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 declared to be public nuisances. It is unlawful for any person to throw or place in, or cause or permit to be thrown or placed any of the abovenamed articles or substances in water of the city, or upon the shores thereof or in such position that the same may or can be washed into said waters, either by high tides, storms, floods or otherwise. Any person causing or permitting said nuisances to be placed as aforesaid shall remove the same and upon his failure to do so, the same may be removed by the police department 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 therefor from prosecution hereunder. (1961 code § 13.09.310.)

12.04.340 Public health.

All watercraft and vessels entering waters of the city shall comply with the applicable public health laws and regulations of the United States, the state of Washington and its political subdivisions. (1961 code § 13.09.320.)

12.04.350 Enforcement.

The chief of police and any of his authorized officers or authorized personnel of the governments of the United States, the state of Washington or its political subdivisions, by virtue of their election or appointment, shall have authority to enter upon and inspect any vessel or watercraft in the harbor and are charged with the enforcement of the provisions of this chapter except as the enforcement thereof is herein otherwise specified. It shall be the duty of the police department to make complaints for any violation of the same, or any part hereof in the name of the city; provided, that this provision shall not operate to preclude the making of such complaint by any other person legally authorized to do so. (1961 code § 13.09.330.)

12.04.360 Release from arrest on notice to appear.

Whenever any person is arrested for any violation of this chapter the arresting officer may serve upon him a citation and notice to appear in court. The arrested person, in order to secure release, and when permitted by the arresting officer, must give his written promise to appear in court, as required by the citation and notice by signing in the appropriate place the written citation and notice served by the arresting officer. Upon the arrested person’s failing or refusing to sign such written promise, he may be taken into the custody of such arresting officer and so remain or be placed in confinement. (1961 code § 13.09.340.)

12.04.370 Exemptions.

The provisions of this chapter shall be applicable to the operation of any and all vessels or watercraft in the waters of the city except that they shall not apply in the following cases:

To any authorized emergency vessel or watercraft actually responding to an emergency call or in immediate pursuit of an actual or suspected violator of the law, within the purpose for which such emergency vessel or watercraft has been authorized; provided, that the provisions of this section shall not relieve the operator of an authorized emergency vessel or watercraft of the duty to operate with due regard for the safety of all persons using the waters of the city. (1961 code § 13.09.350.)

12.04.380 Aiding and abetting violation.

It is unlawful to counsel, aid or abet the violation of, or failure to comply with any of the provisions of this chapter. (1961 code § 13.09.360.)

12.04.390 Emergency powers.

The chief of police and his duly authorized officers are authorized to direct all waterborne traffic, 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 waterborne traffic, or to prevent or eliminate congestion or to safeguard persons or property, such officers, or in the event of a fire or other emergency such officers and other authorized officers of appropriate governmental agencies, may direct waterborne traffic as conditions may require, notwithstanding the provisions of this chapter. (1961 code § 13.09.370.)

12.04.400 Yielding right-of-way to authorized emergency vessels.

It shall be the duty of the master, owner or operator of a vessel or watercraft to reduce speed and if necessary stop his vessel or watercraft, at the same time yielding right-of-way as herein otherwise specified, upon the approach of an authorized emergency vessel or watercraft displaying a blue light and sounding a siren and while actually responding to an emergency or in immediate pursuit of any actual or suspected violator of the law, within the purpose for which such emergency vessel or watercraft has been authorized. (1961 code § 13.09.380.)

12.04.410 Filing false information and concealment of pertinent facts.

It is a violation of this chapter for any master, owner, operator or other occupants of any vessel or watercraft involved in a reportable accident under the provisions of this chapter or involved in any violation of this chapter to wilfully and knowingly file false information and/or conceal pertinent facts to the accident or violation with the persons duly authorized to investigate the accident or violation. This section shall constitute a separate violation and shall not preclude prosecution for the original violation or accident. (1961 code § 13.09.390.)

12.04.420 Boat rental records.

The owner or proprietor of a boat rental or charter operation shall cause to be kept a record of the name and address of the person or persons hiring any watercraft, the identification number of such watercraft, the departure date and the time and the date and the time of the return of such watercraft. Such record shall be preserved for not less than six months after the departure date of such watercraft and shall be kept available for inspection by any duly authorized agency or authority. Prior to departure from the premises of such boat rental or charter operation, any such watercraft shall carry the equipment and numbering as required in BCC 12.04.250. (1961 code § 13.09.392.)

12.04.430 Liability for damages.

Nothing in this chapter shall be construed so as to release any person owning or controlling any vessel, watercraft, pier, obstruction or other structure from any liability for damages, and the safeguards to life and property required in this chapter shall not be construed as relieving any person from installing and maintaining all other safeguards that may be required by law. (1961 code § 13.09.394.)

12.04.440 Penalty for violation.

A. The following statutes of the state of Washington, as presently constituted or hereafter amended, are hereby adopted by reference:

RCW

	7.84.100	Monetary penalties.
	79A.60.020	Violations of chapter punishable as misdemeanor – Circumstances – Violations designated as civil infractions.

B. Except where the violation is classified as a misdemeanor or gross misdemeanor, a violation of any provision of this chapter shall be classified as a civil infraction. Unless otherwise provided, a person found to have committed an infraction under this chapter shall be assessed a monetary penalty which may not exceed $500.00. Said penalty shall be in an amount provided by an applicable court bail schedule, or, if none is in effect, in the amount of $50.00.

C. Unless otherwise provided, it is a misdemeanor for any person to commit a violation designated as an infraction under this title, if during a period of 365 days the person has previously committed two infractions for violating the same provision under this chapter and if the violation is also committed during such period and is of the same provision as the previous violations.

D. Unless otherwise provided, a person convicted of a misdemeanor offense under this chapter shall be punished as provided in BCC 10.92.020.

E. Unless otherwise provided, a person convicted of a gross misdemeanor offense under this chapter shall be punished as provided in BCC 10.92.030. (Ord. 5202 § 1, 2000; Ord. 3798 § 3, 1987; 1961 code § 13.09.400.)