Chapter 11.02
GENERAL PROVISIONS

Sections:

11.02.010    Short title.

11.02.020    Authorization – Harbor defined.

11.02.030    Application – Provisions supplemental.

11.02.040    Definitions.

11.02.050    Application of harbor code – Exemptions.

11.02.060    Public health.

11.02.070    Liability for damages.

11.02.010 Short title.

This title shall constitute the “harbor code” of the city and may be cited as such. (Ord. 99C-05 § 1; Ord. A-90 § 1, 1991).

11.02.020 Authorization – Harbor defined.

A. 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 title, be known as the “harbor.”

B. As authorized by RCW 35A.21.090, the powers and jurisdiction of the city with boundaries adjacent to or fronting on any lake, or other navigable waters, shall extend into and over such waters and over any tidelands intervening between any such boundary and any such waters to the middle of such lake or other waters in every manner and for every purpose that such powers and jurisdiction could be exercised if the waters were within the city limits. (Ord. 99C-05 § 1; Ord. A-90 § 1, 1991).

11.02.030 Application – Provisions supplemental.

The provisions of this title shall be applicable to all vessels and watercraft operating in the harbor of the city. The provisions of this title 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. (Ord. 99C-05 § 1; Ord. A-90 § 1, 1991).

11.02.040 Definitions.

Unless the context clearly requires otherwise, the definitions in this section apply throughout this title.

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 Mercer Island police department, King County sheriff’s department, the United States government, Seattle police department and state and authorized patrol vessels or watercraft.

D. “Dealer” means a person, partnership, association, or corporation engaged in the business of selling vessels at wholesale or retail in this state.

E. “Department” means the department of licensing.

F. “Diver’s flag” means a red flag, five units of measurement on the hoist by five 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 a pole or mast. This flag shall only pertain to skindiving and SCUBA (self-contained underwater breathing apparatus) diving and shall supplement any nationally recognized diver’s flag or marking. A unit of measurement shall not be less than two inches.

G. “Fairway” means that channel or portion of the harbor customarily navigated by vessels or watercraft.

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

I. “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.

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

K. “Owner” means a person who has a lawful right to possession of a vessel by purchase, exchange, gift, lease, inheritance, or legal action whether or not the vessel is subject to a security interest.

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

M. “Restricted area” means an area that is closed to all water traffic or where water traffic is regulated for the health, safety and welfare of the public.

N. “Testing course” means a course or area on waters subject to the jurisdiction of the city, designated in accordance with this title or pursuant to other applicable laws and regulations, for use in industrial development and testing of experimental and production watercraft and vessels.

O. “Tow boat” means any vessel or watercraft engaged in towing or pushing another vessel or watercraft.

P. “Vessel” means every watercraft used or capable of being used as a means of transportation on the water, other than a seaplane.

Q. “Wake” means the visible trail of turbulence which produces whitewater at the bow and/or stem of a watercraft moving through the water.

R. “Watercraft” means any contrivance used or capable of being used as a means of transportation on water. Cribs or piles, shingle bolts, booms of logs, rafts of logs and rafts of lumber shall not be included within the terms “watercraft” or “vessel,” but shall be included within the term “obstruction” when they are floating loose and not under control or when under control and obstructing any navigable channel.

S. “Water ski” means all forms, manner, means or contrivances of person or persons being towed behind a watercraft. (Ord. 06C-06 § 2; Ord. 99C-05 § 1; Ord. A-90 § 1, 1991).

11.02.050 Application of harbor code – Exemptions.

The provisions of this title shall be applicable to the operation of any and all vessels or watercraft in the harbor of the city, except that they shall not apply 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; 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 harbor of the city. (Ord. 99C-05 § 1; Ord. A-90 § 1, 1991).

11.02.060 Public health.

All watercraft and vessels entering the harbor of the city shall comply with the applicable public health laws and regulations of the United States, the state, and its political subdivisions. (Ord. 99C-05 § 1; Ord. A-90 § 1, 1991).

11.02.070 Liability for damages.

Nothing in this title 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. The safeguards to life and property required in this title shall not be construed as relieving any person from installing and maintaining any other safeguards which may be required by law. (Ord. 99C-05 § 1; Ord. A-90 § 1, 1991).