Chapter 12.12
LAKES

Sections:

12.12.010    Scope of provisions.

12.12.020    Motorboat numbering required – Exemptions.

12.12.030    Lifesaving equipment.

12.12.040    Lighting – Generally.

12.12.050    Lighting – Sailboats.

12.12.060    Lighting – Mechanically propelled craft.

12.12.070    Safety equipment.

12.12.080    Fire extinguishers.

12.12.090    Mufflers.

12.12.100    Water skiing.

12.12.110    Swimming.

12.12.120    Skindiving.

12.12.130    Overloading boats prohibited.

12.12.140    Watercraft rights-of-way.

12.12.150    Speed regulations.

12.12.160    Intoxication.

12.12.170    Reckless and negligent operation.

12.12.180    Operation by minors.

12.12.190    Boating events – Permits – Bond regulation.

12.12.200    Accidents – Duty in case of collision.

12.12.210    Accidents – Report required.

12.12.220    Houseboats prohibited.

12.12.230    Watercraft sanitation.

12.12.240    Boat rentals – Compliance with chapter – Records.

12.12.250    Impoundment of obstructions.

12.12.260    Buoys, floats, platforms – Placement approval required.

12.12.270    Violation – Penalty.

12.12.280    Aquatic invasive species.

12.12.010 Scope of provisions.

The provisions of this chapter shall be applicable to all vessels, watercraft, and persons in or upon waters under the jurisdiction of the city as set forth in RCW 35.21.160, other than in the harbor area; provided, that nothing in this chapter shall be construed as permitting the operation of any type of vessel or watercraft on a body of water where the operation of the same is otherwise prohibited by law. It shall be the duty of the police department to enforce the provisions of this chapter. The provisions of this chapter shall be construed to supplement United States and state laws and regulations regarding the same subject matter when not inconsistent therewith. [Ord. 8655 § 3(A), 1978].

12.12.020 Motorboat numbering required – Exemptions.

A. Every motorboat operated on the lakes of the city shall be numbered. 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 of Washington if the state shall so legislate. The number displayed shall be that shown on a current certificates of number and must be painted on or permanently attached to each side of the forward half of the motorboat (the bow), and no other number shall be displayed except as otherwise provided in this chapter.

B. A number shall not be required on any of the following:

1. A motorboat owned and used by any governmental entity;

2. A motorboat displaying a current number issued by a state having a federally approved numbering system;

3. A ship’s lifeboat;

4. A motorboat that is used exclusively for racing;

5. Motorboats of a foreign country temporarily using the waters of the city. [Ord. 8655 § 3(B), 1978].

12.12.030 Lifesaving equipment.

A. Every boat shall be equipped with the following types of personal flotation devices (PFD) approved by the Commandant of the U.S. Coast Guard:

1. All recreational boats less than 16 feet in length and all canoes and kayaks must have one Type I, II, III, or IV device of a suitable size aboard for each person.

2. All recreational boats 16 feet in length and over must have one Type I, II, or III device of a suitable size aboard for each person, and, in addition, one throwable Type IV device.

B. All Type I, II, and III devices shall be readily accessible to all persons on board. The Type IV device shall be immediately available for use. All flotation devices shall be in good and serviceable condition.

C. For purposes of this section, the following shall be the general description of each type of PFD:

1. Type I. Any approved wearable device designed to turn an unconscious person in the water from a face-down position to a vertical or slightly backward position, and to have more than 20 pounds of buoyancy;

2. Type II. Any approved wearable device designed to turn an unconscious person from a face-down position to a vertical or slightly backward position and to have at least 15.5 pounds of buoyancy;

3. Type III. Any approved wearable device designed to keep a conscious person in a vertical or slightly backward position and to have at least 15.5 pounds of buoyancy;

4. Type IV. Any approved device designed to be thrown to a person in the water, not designed to be worn, and having at least 16.5 pounds of buoyancy such as a buoyant cushion or ring buoy.

D. All commercial boats and boats carrying passengers for hire shall conform to the PFD carriage requirements specified by federal regulations and the U.S. Coast Guard for the type and size of boat in question. [Ord. 8655 § 3(C), 1978].

12.12.040 Lighting – Generally.

When operating between the hours of one-half hour after sunset and one-half hour before sunrise, every vessel shall carry the lights as required by BMC 12.12.050 and 12.12.060, and during such time, no other lights which may be mistaken for the prescribed lights may be shown. Except as otherwise provided, every white light prescribed by this chapter shall be of such character as to be visible at a distance of at least one mile. Every colored light prescribed by this section shall be of such character to be visible at a distance of at least one mile. The word “visible” in this section shall mean visible on a dark night with a clear atmosphere. [Ord. 8655 § 3(D), 1978].

12.12.050 Lighting – Sailboats.

Vessels being propelled by sail alone shall exhibit the following:

A. On the starboard side, a green light so constructed as to show an unbroken light over an arc of the horizon of 10 points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam on the starboard side; on the port side, a red light so constructed as to show an unbroken light over an arc of 10 points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam on the port side; the side light shall be fitted with inboard screen of sufficient height so set as to prevent these lights from being seen across the bow; provided, that motorboats less than 26 feet in length when being propelled by a sail alone may carry, in lieu of the foregoing red and green side lights, a combined lantern in the forepart of the boat showing green to starboard and red to port so fixed as to throw the light from dead ahead to two points abaft the beam on their respective sides;

B. At her stern a white light so constructed as to show an unbroken light over an arc of the horizon of 12 points of the compass so fixed as to show the light from dead astern to two points abaft the beam on either side; such light shall be carried as nearly as practicable on the same level as the colored lights; provided, that motorboats of 65 feet in length or less when propelled by sail alone may, in lieu of the white stem light prescribed under this subsection, keep ready at hand a white light which shall be temporarily exhibited in sufficient time to prevent collision. [Ord. 8655 § 3(E), 1978].

12.12.060 Lighting – Mechanically propelled craft.

Vessels propelled in whole or in part by machinery shall exhibit the following:

A. If less than 26 feet in length, a white light aft to show all around the horizon and a combined lantern in the forepart of the boat and lower than the white light aft showing green to starboard and red to port so fixed as to throw the light from dead ahead to two points abaft the beam on their respective sides;

B. If 26 feet in length or over but not more than 65 feet in length, a bright white light in the forepart of the vessel as near the bow as practicable, so constructed as to show an unbroken light over an arc of the horizon of 20 points of the compass, so fixed as to throw the light 10 points on each side of the vessel; namely, from right ahead to two points abaft the beam on either side; and a bright white light aft to show all around the horizon and higher than the white light forward; and on the starboard side, a green light so constructed as to show an unbroken light over an arc of the horizon of 10 points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam on the starboard side. On the port side, a red light so constructed as to show an unbroken light over an arc of the horizon of 10 points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam on the port side; the said side lights shall be fitted with inboard screens of sufficient height so set as to prevent these lights from being seen across the bow;

C. If over 65 feet in length, in the forepart of the boat a white light so constructed as to show an unbroken light over an arc of the horizon of 20 points of the compass, so fixed as to throw the light from dead ahead to two points abaft the beam on either side and of such a character to be visible at a distance of at least five miles; and a second white light at an elevation at least 15 feet above the white light forward, so constructed as to show all around the horizon. The two white lights provided by this subsection shall be placed in lines with the keel. On the starboard side, a green light so constructed as to show an unbroken light over an arc of the horizon of 10 points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam on the starboard side, and of such a character as to be visible at a distance of at least two miles. On the port side, a red light so constructed as to show an unbroken light over an arc of the horizon of 10 points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam on the port side, and of such a character as to be visible at a distance of at least two miles. The said green and red side lights shall be fitted with inboard screens projecting at least three feet forward from the light, so as to prevent these lights from being seen across the bow. [Ord. 8655 § 3(F), 1978].

12.12.070 Safety equipment.

Every motorboat shall be equipped with safety equipment as follows:

A. Motorboats 16 feet or over in length shall be equipped with an efficient whistle or other sound-producing appliance;

B. In a readily accessible place, a hand-portable fire extinguisher or fire extinguishers as provided in BMC 12.12.080;

C. Two or more ventilators with cowls or the equivalent capable of removing gases from bilges in any compartment containing gasoline engines or gasoline tanks. Motorboats so constructed as to have the greater portion of the bilges under the engines and fuel tanks open and exposed to the natural atmosphere at all times are not required to be fitted with such ventilators. [Ord. 8655 § 3(G)(1), (3), 1978].

12.12.080 Fire extinguishers.

A. Motorboats shall carry, in a readily accessible place, a hand-portable fire extinguisher or extinguishers as follows:

1. Motorboats of 26 feet in length or less shall carry one Class B-I extinguisher.

2. Motorboats over 26 feet in length but not over 40 feet in length shall carry two Class B-I fire extinguishers or one Class B-II extinguisher.

3. Motorboats over 40 feet in length but not over 65 feet in length shall carry three Class B-I fire extinguishers or one Class B-I and one Class B-II extinguisher.

B. A fixed fire-extinguisher system of a type approved by the Commandant of the U.S. Coast Guard, installed in the machinery space of any motorboat, may be substituted for one of the Class B-I hand-portable fire extinguishers required in subsection (A) of this section.

C. A fire extinguisher of the B-I classification shall be of a type approved by the U.S. Coast Guard and shall be of the following types and minimum sizes:

1. Foams type, one and three-fourths gallons;

2. Carbon dioxide, four pounds; and

3. Dry chemical, two pounds.

D. A fire extinguisher of the B-II classification shall be of a type approved by the U.S. Coast Guard and shall be of the following types and minimum sizes:

1. Foam, two and one-half gallons;

2. Carbon dioxide, 15 pounds; and

3. Dry chemical, 10 pounds.

E. Such fire extinguishers shall be of a type as is appropriate for the extinguishing of gasoline, oil, and grease fires, and such extinguishers shall show by a tag or other device attached thereto that the extinguisher has been examined and found to be in proper working order within the last year by the Coast Guard, an official of a municipal fire department or fire district, the manufacturer, or the manufacturer’s representative. [Ord. 8655 § 3(G)(2), 1978].

12.12.090 Mufflers.

A. Every motorboat shall at all times be equipped with a functioning underwater exhaust or a muffler in good working order and in constant operation to prevent excessive or unusual noise. No person shall use a muffler cutout, bypass, or similar device upon a motorboat.

B. No person shall try to test or otherwise operate a motorboat which is equipped with cutouts or open exhaust stacks.

C. Carburetors on all engines of motorboats, other than outboard motors, shall be fitted with a U.S. Coast Guard approved device for arresting backfires.

D. No motorboat shall exceed a sound level of 75 decibels when measured from a distance of 50 feet or more. [Ord. 8655 § 3(H), 1978].

12.12.100 Water skiing.

A. No watercraft which has in tow or is otherwise assisting a person on water skis, aquaplane, surfboard, innertube, or similar contrivances, shall be operated unless such watercraft is occupied by at least two persons, one who is at least 16 years of age who shall be the operator, and one who is at least eight years of age who shall be an observer or ski tender; provided, that this prohibition shall not apply to watercraft used in duly authorized ski tournaments.

B. No person shall ride or manipulate any water skis, aquaplane, surfboard, innertube, or similar contrivance while in tow or being assisted by a watercraft when such person is under the influence of intoxicating liquor or drugs to a degree which renders the person incapable of safely riding or manipulating such a contrivance.

C. Except on safe takeoffs, watercraft with persons under tow on water skis, aquaplane, surfboard, innertube, or a similar contrivance must keep 300 feet or more from the dock, float, or shoreline. A takeoff will not be considered safe unless the person under tow is heading away from the shore and the takeoff can be accomplished without any risk to swimmers or watercraft. The person under tow, but not the watercraft, may come within 150 feet of the shoreline when in the process of landing; provided, that the return to the shore must be at an angle of 45 degrees or less to the shoreline.

D. No watercraft shall follow behind a skier closer than 300 feet, nor cross the towing boat bow by less than 300 feet, nor alongside a skier closer than 100 feet.

E. Any person on water skis, aquaplane, surfboard, innertube, or similar contrivance shall wear about his body a Type I, II, or III personal flotation device as defined in BMC 12.12.030(C), regarding lifesaving equipment.

F. Any person on water skis, aquaplane, surfboard, innertube, or similar contrivance shall conduct himself upon the same in a careful and prudent manner and shall remain at all times at least 100 feet from other persons and from the property of others.

G. No watercraft shall have in tow or shall otherwise assist a person on water skis, aquaplane, surfboard, innertube, or a similar contrivance from sunset to sunrise; provided, that this subsection shall not apply to watercraft engaged in duly authorized water ski competitions or expositions.

H. All boats towing skiers shall go in a counter-clockwise pattern. [Ord. 9681 § 1, 1987; Ord. 8655 § 3(I), 1978].

12.12.110 Swimming.

No person shall swim or operate a paddleboard, innertube, rubber raft, or similar unlicensed device except in a restricted swimming area or within a distance of 150 feet from the shore unless the swimmer is accompanied by a watercraft. [Ord. 8655 § 3(J), 1978].

12.12.120 Skindiving.

A. No person shall operate (swim, float, or walk) underwater with the aid of any artificial device such as a snorkel or a self-contained underwater breathing apparatus (scuba) beyond 150 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 50 feet 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 under water except with a permit issued at the discretion of the chief of police within a 300-foot horizontal radius of any boat ramp or landing wharf of any boat marina nor shall such person operate within a 100-foot horizontal radius of any platform normally used for diving. [Ord. 8655 § 3(K), 1978].

12.12.130 Overloading boats prohibited.

It is unlawful for any watercraft to be loaded with passengers or cargo which exceeds the safe carrying capacity of the watercraft. Where the safe carrying capacity of a watercraft is specified by the manufacturer, such limitation shall be considered the maximum safe load and in no event shall a watercraft be loaded beyond a capacity which is reasonable and prudent given atmospheric conditions and other actual and potential hazards affecting operation. [Ord. 8655 § 3(L)(1), 1978].

12.12.140 Watercraft rights-of-way.

A. When two watercraft are approaching each other head on or so nearly so as to involve the risks of collision, each boat shall bear to the right and pass the other boat on its left side.

B. One watercraft may overtake another on either side but shall grant right-of-way to the overtaken boat.

C. When two boats are approaching each other obliquely or at right angles, the boat approaching on the right side has the right-of-way.

D. A watercraft underway must yield the right-of-way to a craft not underway.

E. A powerboat underway must yield the right-of-way to a sailboat, rowboat, canoe, or other watercraft without power.

F. A seaplane underway shall yield the right-of-way to all other watercraft.

G. A swimmer within 150 feet from the shoreline, including a person on a flotation device or a fallen skier, has the right-of-way over any craft.

H. No watercraft operated by motor or sail shall approach within 50 feet of a diver’s flag indicating the presence of a person operating under water.

I. All watercraft shall reduce speed and if necessary stop and, in any event, yield the right-of-way upon the approach of an emergency watercraft. [Ord. 8655 § 3(L)(2), 1978].

12.12.150 Speed regulations.

A. No watercraft shall exceed the following speeds:

1. Within 100 feet of a swimmer, five miles per hour;

2. Within 250 feet from shore, except when necessary for a safe takeoff as defined in BMC 12.12.100, five miles per hour;

3. Within 100 feet of a nonmotorized watercraft, five miles per hour;

4. One-half hour after sunset to one-half hour before sunrise, five miles per hour;

5. During daylight hours in unrestricted areas, 40 miles per hour.

B. Compliance with the speed regulations contained in this section shall not relieve the operator of any watercraft from the further exercise of due care and caution as circumstances shall require. [Ord. 9681 § 2, 1987; Ord. 8655 § 3(M), 1978].

12.12.160 Intoxication.

A. 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, propel, or be in actual physical control of a watercraft within the city.

B. No owner of a watercraft or person in charge or control of a watercraft shall authorize or knowingly permit the watercraft 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. Whenever it appears reasonably certain to any police officer that any person under the influence or affected by the use of intoxicating liquor or any drug is about to operate a watercraft or vessel in violation of subsection (A) of this section, the officer may take reasonable measures to prevent any such person from so doing, either by taking from him or the watercraft the keys of such watercraft 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 watercraft 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 that the subject watercraft will be operated by a person under the influence of or affected by intoxicating liquor or any drug. [Ord. 8655 § 3(N), 1978].

12.12.170 Reckless and negligent operation.

A. Any person who operates or propels any watercraft in wilful or wanton disregard for the safety of persons or property is guilty of reckless operation.

B. It is unlawful for any person to operate or propel a watercraft in such a manner as to endanger or be likely to endanger any persons or property. Any person so operating or propelling a watercraft shall be guilty of negligent operation. Negligent operation shall be considered a lesser offense than but included in the offense of operating a watercraft in a reckless manner. [Ord. 8655 § 3(O), 1978].

12.12.180 Operation by minors.

It is unlawful for any person under the age of 16 years to operate, or be permitted by the owner or person having charge of a watercraft to operate, a watercraft powered by a motor of 20 horsepower or more unless accompanied by a person who is legally capable of operating such watercraft. It is unlawful for a minor 10 years of age or under to operate or be permitted to operate any motorboat. [Ord. 8655 § 3(P), 1978].

12.12.190 Boating events – Permits – Bond regulation.

A. The chief of police may authorize the holding of regattas, motorboats or other boat races, tournaments or exhibitions, water ski tournaments, or other events on any waters of the city not otherwise restricted by city ordinance.

B. Persons or organizations desiring to sponsor such events shall apply to the chief of police at least 10 days in advance of the commencement of such events for a permit. Such application shall be submitted on forms provided by the chief of police and shall specify: the waters and general area where the event shall be held; 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; the provisions made by the sponsors for patrolling to prevent the unauthorized entry into the area of nonparticipants; the rescue and safety measures that shall be provided to ensure the safety of participants and others from injury or damage; the dates of such events, including the dates of trial practice or preliminary events, and such other information as the chief of police may require to fully inform him of the nature and extent of such event.

C. Each application shall be accompanied by a permit fee of $7.00 and a bond of not less than $2,000, payable to the city, to hold the city harmless from any injury or damage which may result from such event, and to ensure that requirements for markers, rescue equipment, or other safety conditions stated in the application finally approved are actually provided.

D. Within 10 days after receiving such application, if adequate provision is made for the safety of the participants and the general public, the chief of police 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 application, such permit may be revoked by the chief of police.

E. Where exceptional circumstances are shown to exist, the chief of police may by the application procedures established in this section issue a permit for the operation of an individual watercraft within 250 feet of any shoreline in excess of the five miles per hour speed limit established in this chapter; provided, that the bonding requirement established by this section may be waived if the circumstances surrounding the issuance of the permit do not warrant such a requirement in the judgment of the chief of police. Any area wherein watercraft are permitted to operate in excess of the speed restrictions within 250 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. [Ord. 9681 § 3, 1988; Ord. 8655 § 3(Q), 1978].

12.12.200 Accidents – Duty in case of collision.

The duties of operators and witnesses of accidents are as follows:

A. The operator of any watercraft involved in an accident which results in injury or death to any person or causes damage to property immediately shall stop the watercraft 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 watercraft involved in an accident resulting in injury or death to any person or damage to property shall do the following:

1. In the event of a collision with another occupied watercraft 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 watercraft 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 subsection be evidence of the liability of any operator for such accident.

2. In the event of a collision with an unattended watercraft or in the event of an accident resulting only in damage to property, the operator of the colliding watercraft shall take reasonable steps to locate and notify the owner or other person in charge of such watercraft 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 watercraft.

C. Any witness to an accident shall furnish to the operator, owner, or injured person his or her name and address. [Ord. 8655 § 3(R)(1), 1978].

12.12.210 Accidents – Report required.

A. The operator or owner of any watercraft involved in injury or death to any person or damage to property shall, within 24 hours, report such collision to the police department and shall then and there provide such information as the chief of police may require; provided, that no report of property damage shall be required if the damage does not exceed $300.00 in value.

B. Whenever the operator and owner of a watercraft 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. [Ord. 8655 § 3(R)(2), 1978].

12.12.220 Houseboats prohibited.

It is unlawful to maintain any houseboat upon the waters of any lake within the city. [Ord. 8655 § 3(S), 1978].

12.12.230 Watercraft sanitation.

It is unlawful to discharge into any body of water within the city any sewage, treated or untreated, or any waste derived from sewage from any vessel or watercraft. [Ord. 8655 § 3(T), 1978].

12.12.240 Boat rentals – Compliance with chapter – Records.

The owner of a place which keeps and maintains more than one watercraft for use by members of the public on a regular basis whether for rent or otherwise shall:

A. Not allow any such watercraft to be used without first ensuring that the watercraft contains all safety equipment, numbering, and other requirements specified in this chapter for all watercraft; and

B. Keep a record of the name and address of the person or persons using any such watercraft and the identification number, departure time, and expected return time of any such watercraft; the record shall be preserved for at least 30 days and shall be available for inspection by any police officer. [Ord. 8655 § 3(U), 1978].

12.12.250 Impoundment of obstructions.

A. All vessels, watercraft, or any other material or article of value found adrift, wrecked, or submerged may be taken in charge by the police department and shall be subject to reclamation by the owner thereof according to provisions of this title governing impoundments.

B. Whenever a vessel or watercraft is wrecked or sunk, it shall be the duty of the owner of such vessel or watercraft to immediately mark it by buoy or beacon during the day and a lighted lantern by night which mark shall remain until the sunken or wrecked craft is removed or abandoned. 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.

C. It is unlawful to cause an obstruction and the owner or other person in charge of the obstructing vessel or watercraft shall be responsible therefor. In addition, the police department shall have the power to order any obstruction to be removed, and it is unlawful to fail, neglect, or refuse to do so. In addition, should any vessel or watercraft or any matter of any description constitute an obstruction, the police 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 this title dealing with impoundments. [Ord. 8655 § 3(V), 1978].

12.12.260 Buoys, floats, platforms – Placement approval required.

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 chapter dealing with lakes shall first obtain approval of the chief of police prior to such placement. The chief of police may place such conditions upon his approval as he or his authorized representative shall deem necessary in the interest of public safety.

B. Any approval obtained from the chief of police shall be in addition to and shall not be construed as a substitute for compliance with other city and state statutes such as those dealing with shorelines management governing placement of such contrivances. [Ord. 8655 § 3(W), 1978].

12.12.270 Violation – Penalty.

Unless otherwise provided, any person who is convicted of violating or who is convicted of aiding or abetting a violation of any of the provisions of this chapter dealing with waters other than the harbor shall be guilty of a civil infraction and punished by a fine not to exceed $500.00; provided, that violations of BMC 12.12.280 shall be punishable as provided in that section; and provided further, that offenses described in the following sections are classified as misdemeanors and punishable by imprisonment for a maximum term of 90 days and a fine of not more than $1,000 or by both such imprisonment and fine:

A. BMC 12.12.160;

B. BMC 12.12.170(A);

C. BMC 12.12.200. [Ord. 2013-09-073 § 22; Ord. 2012-07-034 § 2; Ord. 8655 § 3(X), 1978].

12.12.280 Aquatic invasive species.

A. Definitions.

1. “Aquatic invasive species” and “AIS” mean those species classified in WAC 220-12-090 as “prohibited aquatic animal species” and those plant species listed in WAC 16-752-505. For purposes of this section, WAC 220-12-090 and 16-752-505, as presently constituted or as hereinafter amended, are adopted and incorporated herein by reference.

2. “Authorized inspector” means a person who has received the necessary training approved by the city of Bellingham to inspect watercraft to detect the presence of aquatic invasive species.

3. “Enforcement officer” means any authorized inspector and any peace officer with jurisdiction in the city of Bellingham or Whatcom County.

4. “Inspection” means an inspection of a watercraft or other vessel conducted by an authorized inspector for the purpose of detecting aquatic invasive species and preventing their transport and release into any public water body. Inspections may consist of questioning as well as a visual and tactile search of the exterior and interior of the watercraft or other vessel, including but not limited to the hull, trailer, motor, propeller, bilge pump, compartments, bait well, ballast tank, bladder, and all areas of standing water.

5. “Inspection seal” means a cord or tether installed by an authorized inspector in a manner that connects a watercraft to its trailer for the purpose of indicating that the watercraft has passed inspection, has not entered a water body other than Lake Whatcom reservoir since passing inspection, and, therefore, may launch into any public water body without further inspection so long as the inspection seal is intact at the time of launch.

6. “Lake Whatcom reservoir” means the portion of Lake Whatcom reservoir located within the city limits of the city of Bellingham.

7. “Launch” means any act that places or attempts to place a watercraft into a public water body.

8. “Public water body” means any freshwater lake, river, creek, pond, stream, wetland, or portion thereof located within the city limits of the city of Bellingham, including but not limited to Lake Whatcom reservoir as defined herein and Lake Padden.

9. “Watercraft” means any type of vessel, boat, or craft capable of being used as a means of transportation on water, including but not limited to motor boats, sail boats, row boats, kayaks, canoes, barges, and all associated equipment, including trailers, that routinely or reasonably could be expected to contain or come into contact with water. The term “watercraft” does not include the following: surf boards, paddle boards, and kite boards; and inflatables that are 10 feet or less in length.

10. “Class A watercraft” means any watercraft that has a motorized propulsion system or requires registration by the State of Washington Department of Licensing under Chapter 88.02 RCW and WAC 308-93-030 and any vessel registered under the laws of a state other than Washington State or a country other than the United States.

11. “Class B watercraft” means any watercraft that does not have a motorized propulsion system and does not require registration by the State of Washington Department of Licensing under Chapter 88.02 RCW and WAC 308-93-030.

B. Prohibitions. The following acts are prohibited:

1. Transporting or releasing aquatic invasive species into a public water body.

2. Launching, operating or keeping on Lake Whatcom reservoir a watercraft that has not submitted to inspection and decontamination as required by this section.

3. Launching, operating or keeping on Lake Whatcom reservoir a watercraft without a current AIS permit.

4. Aiding or abetting any violation of this section, including, but not limited to, owning, leasing or otherwise controlling real property within city limits from which a watercraft is launched in violation of this section.

C. Education. The city of Bellingham is authorized to institute an aquatic invasive species education program to promote cooperation and compliance with this section.

D. Inspection and Decontamination.

1. Mandatory Inspections. Inspection shall be required of:

a. All watercraft prior to its first launch onto Lake Whatcom reservoir in each calendar year;

b. All watercraft prior to its first launch onto Lake Whatcom reservoir after it has entered any fresh water body located outside Whatcom County, Washington; and

c. All watercraft prior to each and every launch onto a public water body from a public access point for which an AIS check station is operating under this section, except watercraft bearing an intact inspection seal.

2. Inspection and Decontamination Services. The city of Bellingham shall designate one or more locations where it will provide inspection and decontamination services, subject to hours of operation and program requirements established by the director of public works or his designee.

3. Check Stations.

a. The city of Bellingham may establish and operate AIS check stations at public access points to public water bodies, including but not limited to Bloedel Donovan Park and Lake Padden Park, and require owners and operators to submit their watercraft to inspection as a condition of launching from a public launch.

b. All AIS check stations operating under this section shall be marked by signs and staffed by one or more authorized inspectors. Every watercraft that stops at an AIS check station authorized by this section shall be subject to inspection, except watercraft bearing an intact inspection seal. AIS check stations authorized by this section shall be subject to hours of operation and other program requirements established by the director of public works or his designee.

c. If upon inspection an authorized inspector determines that a watercraft is not contaminated with aquatic invasive species, then said watercraft shall be permitted to launch.

d. If upon inspection an authorized inspector reasonably suspects that a watercraft or any other vessel is contaminated with aquatic invasive species, the authorized inspector may decontaminate the watercraft on site or direct the watercraft owner or operator to a decontamination station where the watercraft will undergo a decontamination process. Following decontamination, the watercraft owner or operator shall not launch his or her watercraft onto a public water body until the watercraft has been reinspected and approved for launch by an authorized inspector.

e. A watercraft owner or operator may refuse to stop and consent to inspection at any AIS check station authorized by this section; provided, if any watercraft owner or operator refuses to stop and consent to inspection at an AIS check station authorized by this section, then said owner or operator shall not launch his or her watercraft from said location and shall be in violation of this section if he or she nevertheless attempts to do so.

f. The city of Bellingham may, upon request by an owner or operator of a watercraft, conduct an inspection on private property owned by the watercraft owner or operator.

E. Safe Harbor. Any person who voluntarily stops and consents to inspection at an AIS check station or other inspection station and cooperates in the decontamination process shall not be subject to penalties under this section for possessing or transporting aquatic invasive species.

F. Administrative Search Warrants. Enforcement officers may enter upon any property to inspect for aquatic invasive species without the consent of the owner upon application for and receipt of an administrative search warrant issued by the Bellingham municipal court. The application for an administrative search warrant shall be supported by an affidavit establishing probable cause to believe the property to be searched is in violation of this section. The Bellingham municipal court may upon such application issue the administrative search warrant for the purpose requested.

G. AIS Permits and Fees – Applicable to Lake Whatcom Reservoir.

1. Every watercraft shall visibly display a valid AIS permit prior to launching and while operating on Lake Whatcom reservoir.

2. AIS permits shall issue upon passage of inspection and payment of the applicable fee.

3. AIS permits shall be available as follows:

a. Annual Sticker. Each annual sticker shall be effective during the calendar year in which it is issued and shall entitle the holder to unlimited inspections and sealing services for the watercraft to which the annual sticker is affixed.

b. Three-Day Pass. Each three-day pass shall entitle the holder to unlimited inspections and sealing services for the applicable watercraft for the duration of the period specified on the pass.

c. Special Event Passes. Special event passes may be issued for fishing tournaments, sailing and rowing regattas, and other group events approved by the director of public works or his designee upon the event sponsor’s execution of a special event agreement with the city in a form approved by the director of public works. Special event passes shall entitle each event participant to inspection and sealing services for the duration of the event, subject to the terms and conditions of the special event agreement.

d. Annual Watercraft Business Permit. Watercraft business permits may be issued to persons or entities who are in the business of providing watercraft services (including transport, maintenance, repair, storage or other similar activities) upon execution of a cooperative agreement with the city in a form approved by the director of public works. Watercraft business permits shall be effective during the calendar year in which they are issued and shall entitle the permit holder to expedited inspection services and issuance of AIS annual stickers for watercraft within the company’s possession or control, all subject to the terms and conditions of the cooperative agreement.

4. AIS permits are nontransferable and shall apply to a single watercraft.

5. A watercraft owner or operator shall be deemed to be in compliance with the inspection and permitting requirements of this section if his or her watercraft is currently in compliance with an aquatic invasive species inspection and permitting program adopted by Whatcom County, Washington, but only if said program is at least as restrictive as this section.

6. The fees for AIS permits and decontamination services shall be established by the director of public works or his designee for both class A watercraft and class B watercraft.

7. The fees authorized by this section are intended to offset the cost to the city of implementing this section for the purpose of detecting and preventing the spread of aquatic invasive species. The fees authorized by this section are not intended to be, nor shall they be construed to be, charges imposed upon access to public water bodies for the purpose of outdoor recreation.

H. Cooperative Agreements. The city of Bellingham may enter into cooperative agreements with persons and entities, including but not limited to homeowner’s associations, condominium associations, civic groups and governmental entities, to adopt and execute plans, which may be implemented inside or outside the jurisdiction of the city of Bellingham, to detect and prevent the transport and release of aquatic invasive species in public water bodies, including but not limited to Lake Whatcom reservoir.

I. Penalties.

1. Any person violating this section shall have committed a civil infraction and shall be punished by a fine not to exceed $1,000. The minimum civil penalty shall be $250.00. Each violation of this section shall be a separate infraction, and in the case of a continuing violation, each day’s continuance shall be deemed to be a separate and distinct infraction. Civil infractions under this section shall be issued and processed in accordance with Chapter 7.80 RCW, except as otherwise provided in this section. Each party to a civil infraction case shall bear its own attorney’s fees, witness fees and costs.

2. Any individual who violates this section may be held responsible for the costs expended by the city of Bellingham or its designee for response and mitigation of impacts.

3. Payment of any civil penalty herein shall not relieve any individual from the responsibility of correcting the violations as found by the enforcement officer.

4. Any person found not in compliance with this section is subject to citation, shall be escorted off the public water body, and shall be subject to any other legal action as deemed necessary by the enforcement officer including but not limited to detaining said person and watercraft until inspected and decontaminated as required under this section.

5. Fines collected as a result of violating this section that are not otherwise encumbered shall be used to fund the Lake Whatcom management program’s aquatic invasive species management and prevention program.

J. Enforcement.

1. Enforcement officers are authorized to administer and enforce this section, including issuance of notices of civil infraction; provided this provision shall not operate to preclude the enforcement of this section by any other persons legally authorized to do so.

2. Notwithstanding RCW 7.80.050, a peace officer authorized to enforce this section may issue a notice of civil infraction when the conduct alleged to constitute a violation has not taken place in the presence of the peace officer, if the peace officer has reasonable grounds to believe that the conduct constitutes a violation on the basis of information received from an authorized inspector who observed the violation.

K. Applicability. The provisions of this section shall apply in addition to the provisions of any other code provision or ordinance. Where there is a conflict, the more restrictive provision shall apply. The provisions of this section are in addition to those provisions regulating aquatic invasive species as contained in Washington State law.

L. Severability. In the event that any part or provision of this section is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions of this section.

M. Exemptions. The watercraft inspections, permits, and associated fees required by this section shall not be required of:

1. Law enforcement and emergency response watercraft.

2. Watercraft involved in search and rescue operations or training. [Ord. 2014-02-012; Ord. 2013-04-022 § 1; Ord. 2012-07-034 § 1].