Chapter 14.04
GENERAL PROVISIONS

Sections:

14.04.010    Short title.

14.04.020    Authorization.

14.04.030    Application – Jurisdiction.

14.04.040    Enforcement – Title to supplement federal law.

14.04.050    Amendments to state statutes.

14.04.060    Penalty provisions.

14.04.070    Liability for damages.

14.04.080    Emergency powers.

14.04.010 Short title.

This title and amendments thereto shall constitute the “Water Safety Code” of the city and may be cited as such. (Ord. 377 § 3, 1965).

14.04.020 Authorization.

The city, in the exercise of its police power, hereby assumes control and jurisdiction over the use and travel upon all lakes, rivers, and other waters and waterways within its limits. (Ord. 377 § 1, 1965).

14.04.030 Application – Jurisdiction.

The provisions of this title shall be applicable to all persons and vessels within 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. (Ord. 1937 § 5, 1997: Ord. 377 § 2, 1965).

14.04.040 Enforcement – Title to supplement federal law.

(1) The Chief of Police and every law enforcement officer of this state and its political subdivisions has the authority to enforce this title. Law enforcement officers may enforce recreational boating rules adopted by the commission. Such law enforcement officers include, but are not limited to, county sheriffs, officers of other law enforcement entities, wildlife agents and fisheries patrol officers of the department of fish and wildlife, through the director, the state patrol, through its chief, and state park rangers. In the exercise of this responsibility, all such officers may stop and board any vessel and direct it to a suitable pier or anchorage to enforce this title.

(2) This title shall be construed to supplement federal laws and regulations. To the extent this chapter is inconsistent with federal laws and regulations, the federal laws and regulations shall control. (Ord. 1937 § 6, 1997).

14.04.050 Amendments to state statutes.

The amendment, addition to, or repeal of any state statute adopted by reference in this title shall be deemed to amend, add to, or repeal the corresponding section of this title and it shall not be necessary for the City Council to take any action with respect to such amendment, addition, or repeal. (Ord. 1937 § 7, 1997).

14.04.060 Penalty provisions.

(1) The following statutes of the state of Washington are hereby adopted by reference:

RCW 7.84.100    Monetary penalties.

RCW 9.92.030    Punishment of misdemeanor when not fixed by statute.

RCW 88.12.015    Violations of chapter punishable as misdemeanor – Circumstances – Violations designated as civil infractions.

(2) Except where the violation is classified as a misdemeanor or gross misdemeanor, a violation of any provision of this title shall be classified as a civil infraction. Unless otherwise provided, a person found to have committed an infraction under this title shall be assessed a monetary penalty which may not exceed five hundred dollars. Said penalty shall be in an amount provided by an applicable court bail schedule, or, if none is in effect, in the amount of fifty dollars.

(3) 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 three hundred sixty-five days the person has previously committed two infractions for violating the same provision under this title and if the violation is also committed during such period and is of the same provision as the previous violations.

(4) Unless otherwise provided, a person convicted of a misdemeanor offense under this title shall be punished as provided in RMC 9.01.050(A).

(5) Unless otherwise provided, a person convicted of a gross misdemeanor offense under this title shall be punished as provided in RMC 9.01.050(B). (Ord. 1937 § 8, 1997).

14.04.070 Liability for damages.

Nothing in this title shall be construed so as to release any person owning or controlling any vessel, 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 all other safeguards that may be required by law. (Ord. 1937 § 9, 1997).

14.04.080 Emergency powers.

The Chief of Police and his duly authorized officers are hereby authorized to direct all waterborne traffic, either in person or by means of visible or audible signal in conformance with the provisions of this title; provided, that where necessary to expedite waterborne traffic, or to prevent or eliminate congestion or to safeguard persons or property, 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 title. (Ord. 1937 § 10, 1997).