CHAPTER 3
HARBOR REGULATIONS

SECTION:

9-3-1:    Authorization

9-3-2:    Definitions

9-3-3:    Duties Of The Police Department

9-3-4:    Application And Jurisdiction

9-3-5:    Negligent Operation

9-3-6:    Reckless Operation (Rep. by Ord. 4676, 7-28-97)

9-3-7:    Speed Regulations

9-3-8:    Interference With Navigation

9-3-9:    Tows

9-3-10:    Obstructions And The Moving Of Same

9-3-11:    Sunken Vessels

9-3-12:    Floating Objects

9-3-13:    Intoxication

9-3-14:    Incapacity Of Operator

9-3-15:    Accidents

9-3-16:    Accident Reports

9-3-17:    Reports, Confidential, Inadmissible As Evidence

9-3-18:    Overloading

9-3-19:    Excessive Power

9-3-20:    Restricted Areas

9-3-21:    Swimming

9-3-22:    Skin Diving

9-3-23:    Water Skiing

9-3-24:    Mufflers

9-3-25:    Whistles And Lights

9-3-26:    Equipment And Numbering

9-3-27:    Racing

9-3-28:    Fairways

9-3-29:    Anchorages

9-3-30:    Aircraft On The Water

9-3-31:    Rules Of The Road

9-3-32:    City Buoy

9-3-33:    Propellers

9-3-34:    Explosives

9-3-35:    Unsafe Piers

9-3-36:    Pier Lights

9-3-37:    Safety Devices

9-3-38:    Pier Barriers

9-3-39:    Roadway Barriers

9-3-40:    Dangerous Gangways

9-3-41:    Boilers

9-3-42:    Drifting Debris

9-3-43:    Oil

9-3-44:    Nuisances

9-3-45:    City Floats

9-3-46:    Obstructing Traffic

9-3-47:    Fire Piers

9-3-48:    Patrol Floats

9-3-49:    Accounting

9-3-50:    Public Health

9-3-51:    Boat Livery Records

9-3-52:    Liability For Damages

9-3-53:    Enforcement

9-3-54:    Release From Arrest On Notice To Appear (Rep. by Ord. 4676, 7-28-97)

9-3-55:    Public Employees To Obey Harbor Regulations

9-3-56:    Exemption To Authorized Emergency Vessels And Watercraft

9-3-57:    Aiding And Abetting Violation

9-3-58:    Filing Of False Information And Concealment Of Pertinent Facts

9-3-59:    Emergency Powers

9-3-60:    Decriminalization Of Harbor Regulations

9-3-61:    Definitions And Penalties

9-3-62:    Criminal Offenses

9-3-1 AUTHORIZATION:

The City of Renton, in the exercise of its police power hereby 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”.

9-3-2 DEFINITIONS:

For the purpose of this Chapter:

ANCHORAGE: A designated position where vessels or watercraft may anchor or moor.

AQUATIC EVENT: 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.

AUTHORIZED EMERGENCY VESSEL: Any authorized vessel or watercraft of the City Police Department, Fire Department, King County Sheriff’s Department, the United States Government, and State of Washington authorized patrol vessels or watercraft. (Ord. 5806, 6-20-16)

CITY: The City of Renton.

DIVER’S FLAG: A red flag five (5) units of measurement on the hoist by five (5) 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.

MASTER: The captain, skipper, pilot or any person having charge of any vessel or watercraft.

OBSTRUCTION: 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 Coast and of the Coast of the Gulf of Mexico.

OIL: Any oil or liquid, whether of animal, vegetable or mineral origin, or a mixture, compound or distillation thereof.

OWNER: 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.

PERSON: When necessary, shall be held and construed to mean and include natural persons, associations, copartnerships and corporations, whether acting by themselves or by a servant, agent or employee; the singular number shall, when necessary, be held to mean and include the plural, and the masculine pronoun to include the feminine.

PIER: 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.

POLICE DEPARTMENT: The Police Department of the City of Renton or any other governmental enforcement agency duly constituted and authorized by the City of Renton, by contract or otherwise provided by law, to enforce the provisions of this Chapter.

RESTRICTED AREA: An area that has been marked in accordance with and as authorized by the laws or regulations of the City to be used for, or closed to, certain designated purposes such as swimming, skin diving, ferry landings, and aquatic events, the method of marking and designation of which shall have been made by the Police Department in accordance with the provisions of this Ordinance.

SKIN DIVING: 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. (Ord. 2049, 8-26-63)

TESTING COURSE: A course or area on waters subject to the jurisdiction of the City of Renton, 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. (Ord. 2209, 1-24-66)

TOWBOAT: Any vessel or watercraft engaged in towing or pushing another vessel or watercraft or anything other than a vessel or watercraft.

VESSEL: (Rep. by Ord. 4676, 7-28-97)

WAKE: The visible trail of turbulence that produces whitewater at the bow and/or stern of a watercraft moving through the water. (Ord. 4987, 10-21-02)

WATERCRAFT: (Rep. by Ord. 4676, 7-28-97)

WATER SKI: (Rep. by Ord. 4676, 7-28-97)

(Ord. 2049, 8-26-63)

9-3-3 DUTIES OF THE POLICE DEPARTMENT:

The duties of the Police Department or any other governmental agency as herein specified shall include the following:

A.    To enforce the ordinances and regulations of the City upon the waters of the harbor and adjacent thereto when the harbor is affected.

B.    To maintain regular patrols in the harbor for the protection of life and property including, but not limited to, the removal and disposition of oil pollution, drifting debris and nuisances from the waters of the harbor.

C.    To investigate and report upon marine and maritime accidents in the harbor.

D.    To perform all necessary functions in connection with search and rescue in the harbor.

E.    To cooperate with the authorities of the United States, the State of Washington and its political subdivisions in the enforcement of the laws and regulations of the United States, the State of Washington and its political subdivision.

F.    To designate, indicate the location of, and to patrol anchorage locations for watercraft or vessels within areas set forth by the ordinances of the City.

G.    To establish, maintain and regulate the use of moorage buoys in the harbor for the convenience of watercraft and vessels. (Ord. 2049, 8-26-63)

H.    To designate restricted areas and testing courses. (Ord. 2209, 1-24-66)

9-3-4 APPLICATION AND JURISDICTION:

The provisions of this ordinance 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.

9-3-5 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 stop within the assured clear distance ahead, shall be guilty of negligent operation and a violation of this Chapter.

9-3-6 RECKLESS OPERATION:

(Rep. by Ord. 4676, 7-28-97)

9-3-7 SPEED REGULATIONS:

A.    Within the harbor limits of the City of Renton it shall be unlawful for any person to operate any watercraft or vessel at a speed in excess of eight (8) nautical miles per hour within one hundred (100) yards of any shoreline, pier, restricted area or shore installation. The operation of a vessel with a designed planing hull while being operated on a plane shall be prima facie evidence of speed in excess of eight (8) miles per hour.

B.    It shall be unlawful for any watercraft to create a wake within one hundred (100) yards of any shoreline or bridge, or shore installation. (Ord. 4987, 10-21-02)

9-3-8 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 travelled channels shall constitute such interference if unreasonable under the prevailing circumstances.

9-3-9 TOWS:

No tow boat shall tow any raft or boom of logs or piles or other tow within the harbor area which is in excess of twelve hundred feet (1200’) in length.

9-3-10 OBSTRUCTIONS AND THE MOVING OF SAME:

A.    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.    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.    The Police Department or any duly authorized officer shall have the power to order:

1.    Any vessel, watercraft or obstruction anchored in any channel 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 shall be unlawful to fail, neglect or refuse to do so.

9-3-11 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 Police Department 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 Police Department may take immediate possession thereof and remove the same, using such methods as in its judgment will prevent unnecessary damage to such vessel or watercraft or obstruction, and the expense incurred by the Police Department in 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.

9-3-12 FLOATING OBJECTS:

All vessels, watercraft, logs, piling building material, scows, houseboats or any other article of value found adrift in Renton Harbor, 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.

9-3-13 INTOXICATION:

A.     (Rep. by Ord. 4676, 7-28-97)

B.    It shall be 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.    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. In any such case said officer shall immediately report the facts to his superior and shall, as soon as possible, deposit said keys or other articles, if any, taken from said watercraft or vessel or person with said superior 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.

9-3-14 INCAPACITY OF OPERATOR:

It shall be 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 in incapable of operating such vessel or watercraft under the prevailing circumstances.

9-3-15 ACCIDENTS:

Adoption by Reference: RCW 79A.60.200 (1) and (2) as now or hereafter amended, and all other statutes adopted by reference therein, are hereby adopted by this reference as if fully set forth herein. (Amd. Ord. 4987, 10-21-02)

9-3-16 ACCIDENT REPORTS:

The master, owner or operator of any watercraft shall file a report within forty eight (48) hours with the Police Department of any accident involving death or personal injury requiring medical treatment or property damage in excess of two hundred dollars ($200.00) in which such watercraft shall have been involved in Renton Harbor.

9-3-17 REPORTS, CONFIDENTIAL, INADMISSIBLE 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 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 above named 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 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.

9-3-18 OVERLOADING:

A.    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.

B.    Whenever it appears reasonably certain to any police officer that any person is operating a watercraft or vessel loaded beyond its safe capacity, said officer may take reasonable measures to prevent any such person from so operating the craft, either by taking from him the keys of such craft and locking the same, or by other appropriate means. In any such case, said officer shall immediately report the facts to his superior and shall, as soon as possible, deposit said keys or other articles, if any, taken from said watercraft or vessel or person with said superior 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 the owner of the watercraft and the conditions under which the officer took preventive measures no longer exist. (Ord. 2049, 8-26-63)

9-3-19 EXCESSIVE POWER:

A.    No watercraft shall be equipped with any motor or other propulsion machinery beyond its safe power capacity, taking into consideration the type and construction of such watercraft and other existing operating conditions except as otherwise provided for in this Section.

B.    Testing Courses: The Chief of Police and any of his authorized deputies or employees shall establish and designate testing courses, and may prescribe reasonable rules and regulations governing their use, having at all times due regard for the residential, recreational and industrial use of the City of Renton.

    Manufacturers of experimental and production watercraft and vessels shall apply for reasonable locations, boundaries and conditions of use for testing courses. After approval thereof has been granted by the Chief of Police, they may commence the use of such testing courses in conformity, with the filed information and all applicable laws and regulations. No unauthorized person shall operate a vessel or watercraft or swim or skin dive within a duly established testing course during permitted testing operations, and the permittee, when requested by the Police Chief or any other authorized deputy or employees, shall duly post or otherwise give notice of such testing by proper flag or signs. (Ord. 2209, 1-24-66)

9-3-20 RESTRICTED AREAS:

In the interests of safe navigation, life, safety and the protection of property, the Police Department shall designate restricted areas and the purpose for which same shall be used. No person shall operate a vessel or watercraft within a restricted area; 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.

9-3-21 SWIMMING:

Swimming in the harbor shall be confined to:

A.    Restricted swimming areas, or

B.    To within a distance of fifty feet (50’) from the shore, or a pier unless the swimmer is accompanied by a watercraft.

9-3-22 SKIN DIVING:

Skin diving shall be prohibited in the harbor:

A.    Skin diving shall be prohibited in the harbor within three hundred feet (300’) of any ferry slip, public boat ramp, patrolled public beach designated as a swimming area, except pursuant to permit therefor issued by the Police Department and except for commercial diving, or

B.    In any other area unless the diver shall be accompanied by a watercraft or the area in which he is diving shall be marked by an adequately displayed diver’s flag.

9-3-23 WATER SKIING:

A.    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 be occupied by at least two (2) competent persons; provided, that this subsection shall not apply to watercraft used in duly authorized water ski tournaments, competitions, expositions, or trials therefor.

B.    It shall be unlawful to water ski or to tow or otherwise assist anyone on water skis, aquaplane, surfboard, or similar contrivance, upon the following water: within one hundred (100) yards of shore installations on Lake Washington and adjacent waters. Water skiers may start at a shore installation but must head away from shore to a point at least one hundred (100) yards before skiing parallel with the shore. The return to the shore must be on ninety degree (90°) angles to the shore line.

C.    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.

D.    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.

E.    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.

9-3-24 MUFFLERS:

It shall be unlawful to use or operate any engine in or on Renton Harbor unless said 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 said engine.

9-3-25 WHISTLES AND LIGHTS:

It shall be unlawful for the master, owner or any other person in charge of any watercraft or vessel, while lying at any pier or while navigating in Renton Harbor, unnecessarily to cause any whistle or siren to be blown or sounded, nor shall any person flash the rays of a searchlight or other blinding light onto the bridge or into the pilot house of any vessel or watercraft under way for any purpose other than those authorized by law.

9-3-26 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.

If an infraction is issued under this Section because a vessel does not contain the required equipment and if the operator is not the owner of the vessel, but is operating the vessel with the express or implied permission of the owner, then either or both operator or owner may be cited for the infraction. (Ord. 2049, 8-26-63; amd. Ord. 4987, 10-21-02)

9-3-27 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 as hereinabove specified, shall be prohibited from attempting to attain 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 Sections 9-3-7, 9-3-18, 9-3-19A, 9-3-25 and 9-3-26 of this Chapter.

9-3-28 FAIRWAYS:

All waters herein specified, subject to reservations for anchorage and restricted areas and testing courses during testing activities, shall be known as “fairways” and shall not be obstructed in any manner whereby navigation may be endangered or impeded, and shall include, subject to such reservations, the following waters: (Ord, 2209, 1-24-66)

A.    All of Lake Washington lying or being within the corporate limits of the City of Renton or within the jurisdiction and control of the City.

B.    All navigable waters in the projection of public streets, lying on the landward side of the other harbor line shall be fairway. It shall be unlawful for the master or other person in charge of any vessel, watercraft or obstruction to anchor, tie or make fast the same in any such fairway for a longer period of time than reasonably sufficient to load or unload the same except that the Police Department may, in its discretion, grant any permit for the use of such fairway for a longer period of time whenever in its judgment such use will not interfere with the use of the fairway by any other vessel.

9-3-29 ANCHORAGES:

Lake Washington Anchorage: Whenever deemed advisable by the Police Department, it may grant a written permit to the master or owner of any vessel or watercraft for the anchorage or mooring of said vessel or watercraft outside of the outer harbor line, or in any unused slip, or in any street end, on Lake Washington, at such locations as it shall determine will not interfere with or impede navigation.

9-3-30 AIRCRAFT ON THE WATER:

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. (Ord. 2049, 8-26-63)

9-3-31 RULES OF THE ROAD:

Except as herein otherwise specified, vessels or watercraft shall be subject to the Rules to Prevent Collisions of Vessel’s and Pilot Rules for Certain Inland Waters of the Atlantic Pacific Coasts and of the Coast of the Gulf of Mexico (C.F. 236479), 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. (Ord. 2209, 1-24-66)

9-3-32 CITY BUOY:

The Police Department shall be the sole judge of any and all use made of any City buoy and its decision as to the same shall be final and conclusive.

9-3-33 PROPELLERS:

No master, owner or other person in charge of any vessel 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.

9-3-34 EXPLOSIVES:

Every vessel or water craft 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 (6) nautical miles an hour before coming abreast of such vessel or watercraft and in time to prevent accident by reason of swells. (Ord, 2049, 8-26-63)

9-3-35 UNSAFE PIERS:

Whenever any pier or gangway devoted to passenger traffic shall be damaged or appear to the Police Department to become unsafe so as to render the same, or any portion thereof, unsafe for life or property, the Police Department shall report the matter to the City Director of Public Works who shall inspect the same and shall order any unsafe portion thereof barricaded with proper fencing until such time as necessary repairs thereto shall be made, and if the owner, agent or lessee of such pier shall fail to comply with the orders of the Director of Public Works immediately, the Director of Public Works shall prohibit the use of the unsafe portion of such pier and may erect the necessary fencing or barricade and the expense thereof shall be paid by and recoverable from the owner, agent or lessee of such pier to the City. (Ord. 2049, 8-26-63; amd. Ord. 2823, 1-21-74, eff. 1-30-74)

9-3-36 PIER LIGHTS:

In the interests of safe navigation and the protection of property the Police Department shall establish standards for the lighting of piers in the harbor. Between the hours of sunset and sunrise all piers shall be kept lighted in accordance with the requirements of the Police Department. All walks, passageways, openings or gangways upon any pier upon or through which passengers may pass shall be kept adequately lighted between sunset and sunrise.

9-3-37 SAFETY DEVICES:

Every owner, agent or lessee having charge of any commercial pier shall furnish and keep for use on such pier at least one serviceable thirty inch (30") ring life buoy, and one serviceable thirty inch (30") ring life buoy for every three hundred (300) lineal feet of berthing space to each of which shall be attached at least two hundred feet (200’) of suitable line, one end of which shall be fastened to the ring buoy. Each ring buoy and line attached thereto, shall be kept in a suitable box on the pier for the use of the public in case of accident, which box shall be properly labeled and be at all times kept clear of obstructions, and it shall be unlawful to take away, molest, injure or destroy the same or either of them or to disturb the same, or either of them, except for use in saving life and property.

9-3-38 PIER BARRIERS:

Every owner, lessee or agent of any pier open to the public use to or from vessels or watercraft or for any other purpose, shall guard the frontage of any highway by substantial and adequate fences or other barriers and shall guard the sides and face thereof in a similar manner if used as a thoroughfare to or from any vessel or watercraft. All necessary openings or passages in such fences or barriers shall be provided with substantial gates which shall be closed and securely fastened when not in use.

9-3-39 ROADWAY BARRIERS:

Any person owning or operating or having control of any trestle, road or roadway or spur track over or upon the harbor which is open to the public as a way for travel, shall guard the same by adequate fences or barriers along the side or sides thereof, and at any or all other exposed or dangerous places and where not open as a way for travel substantial and adequate fences or barriers shall be provided to prevent the use of the same by the public, and upon failure so to do, the Police Department shall order such facility closed, or may close the same until the same shall be made to conform to the requirements hereof, and any expense incurred in so doing shall be paid to, and recoverable by, the City of Renton from the person owning or operating the same. (Ord. 2049, 8-26-63)

9-3-40 DANGEROUS GANGWAYS:

Whenever any gangway devoted to public use shall appear to be dangerous to the Police Department for such use, it shall report the matter to the Director of Public Works 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 and until the same as so reconstructed or repaired has been inspected by the City Superintendent of Buildings and its use for such purpose approved by him. (Ord. 2049, 8-26-63: amd. Ord. 2823, 1-21-74, eff. 1-30-74)

9-3-41 BOILERS:

It shall be unlawful for the master of any vessel or watercraft or the engineer or person in charge of any engine or fire room thereof, to blow down boilers and/or tubes or emit soot therefrom or cause or allow the same to be done while lying at any pier, except through an underwater exhaust or outlet.

9-3-42 DRIFTING DEBRIS:

It shall be unlawful for the owner, agent or lessees 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 so to do, 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.

9-3-43 OIL:

No owner, master or other person in charge of any vessel or watercraft, and no engineer, or other person in charge of any engine room or machinery of any vessel or watercraft, and no owner, lessee, agent, employee, or other person in charge of or employed in or about any pier, or other structure, and no person along or upon the shore of the harbor, shall spill, throw, pump or otherwise cause oil of any description to be or float upon the waters of the harbor. Any person causing oil to be upon the waters as aforesaid shall remove the same and upon his failure so to do, the same may be removed by the Police Department and the expense thereof shall be paid by and recoverable from the person causing said oil to be upon the water. The payment of such sum, or the maintenance of an action therefor, shall not be deemed to exempt such person from prosecution for causing such oil spillage.

9-3-44 NUISANCES:

Sunken vessels or water craft, 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, boon 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 hereby declared to be public nuisances and it shall be unlawful for any person to throw or place in, or cause or permit to be thrown or placed any of the above named articles or substances in Renton Harbor, or upon the shores thereof or in such position that the same may or can be washed into said harbor, 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 so to do, 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.

9-3-45 CITY FLOATS:

All City floats or piers now or hereafter established, except as hereinafter specified, may be used by watercraft for dockage purposes, other than the handling of freight, free of charge for lying time not to exceed forty eight (48) consecutive hours at any one time. After such period the use of such facilities shall be only with the written permission and at the sole discretion of Police Department.

9-3-46 OBSTRUCTING TRAFFIC:

The determination of the Police Department shall be final and conclusive as to all questions relating to the handling of freight or merchandise or as to the position of any vessel or watercraft at any pier or other structure belonging to the City of Renton, and all persons handling or in charge of freight or merchandise or vessels or watercraft, shall handle the same expeditiously and without interference with or blocking general traffic and without interfering with commerce and navigation.

9-3-47 FIRE PIERS:

No passengers, freight or merchandise shall be handled over any location designated for the use of fire boats or other emergency vessels, nor shall such location be used for any purpose whatever other than Municipal purposes.

9-3-48 PATROL FLOATS:

The Police Department shall designate locations for such floats as may be necessary for patrol boats and shall prescribe rules and regulations for the use of such floats.

9-3-49 ACCOUNTING:

The Police Department shall keep accurate and detailed account of all moneys received or disbursed by it in the performance of its duties, which books of account shall be furnished by and be the property of the City of Renton which shall at all times, within office hours, be open to inspection by the public and at all times to inspection and audit by the proper department or departments of the City.

9-3-50 PUBLIC HEALTH:

All watercraft and vessels entering or in the harbor shall comply with the applicable public health laws and regulations of the United States, the State of Washington and its political subdivisions.

9-3-51 BOAT LIVERY RECORDS:

The owner or proprietor of a boat livery 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 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 livery any such watercraft shall carry the equipment required by this Chapter.

9-3-52 LIABILITY FOR DAMAGES:

Nothing in this ordinance 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.

9-3-53 ENFORCEMENT:

The Police Department and any of its authorized deputies or employees and authorized personnel of the governments of the United States, the State of Washington or its political subdivision by virtue of their election or appointment shall have authority to enter upon and inspect any vessel or watercraft in the harbor and are hereby 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 so to do.

9-3-54 RELEASE FROM ARREST ON NOTICE TO APPEAR:

(Rep. by Ord. 4676, 7-28-97)

9-3-55 PUBLIC EMPLOYEES TO OBEY HARBOR REGULATIONS:

The provisions of this Chapter shall apply to the operator of any vessel or watercraft owned by or used in the service of the United States government, or of this State or of any political subdivision thereof.

9-3-56 EXEMPTION TO AUTHORIZED EMERGENCY VESSELS AND WATERCRAFT:

The provisions of this Chapter 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 in the following cases:

A.    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 City Harbor, nor shall it protect the operator of any such emergency vessel or watercraft from the consequence of a reckless disregard for the safety of others; provided further, the provisions of this Section shall in no event extend any special privilege or immunity in operation of an authorized emergency vessel or watercraft for any purpose other than for which the same has been authorized.

9-3-57 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.

9-3-58 FILING OF FALSE INFORMATION AND CONCEALMENT OF PERTINENT FACTS:

It shall be 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 duty authorized to investigate the said accident or violation. This Section shall constitute a separate violation and shall not preclude prosecution for the original violation or accident.

9-3-59 EMERGENCY POWERS:

The Police Department is 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 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 or authorities, may direct waterborne traffic as conditions may require, notwithstanding the provisions of this Chapter. (Ord. 2049, 8-26-63)

9-3-60 DECRIMINALIZATION OF HARBOR REGULATIONS:

Violation of any Section of this Chapter, except those designated as misdemeanors or gross misdemeanors in Section 9-3-62, and except as provided in RCW 79A.60.020, shall constitute a civil infraction punishable in accordance with RCW 7.84.100. (Ord. 4676, 7-28-97; amd. Ord. 4987, 10-21-02)

9-3-61 DEFINITIONS AND PENALTIES:

Adoption by Reference: RCW 7.84.100, RCW 79A.60.010 and RCW 79A.60.020 as now or hereafter amended, and all other statutes adopted by reference therein, are hereby adopted by reference as if fully set forth herein. (Ord. 4676, 7-28-97; amd. Ord. 4987, 10-21-02)

9-3-62 CRIMINAL OFFENSES:

Adoption by Reference: RCW 7.84.130, RCW 79A.60.040, RCW 79A.60.080, RCW 79A.60.120, RCW 79A.60.160, RCW 79A.60.170, RCW 79A.60.180, and RCW 79A.60.190, as now or hereafter amended, and all other statutes adopted by reference therein, are hereby adopted by reference as if fully set forth herein.

Violation of any of the foregoing statutes, unless otherwise designated in the statute, shall constitute a misdemeanor punishable in accordance with RCW 9.92.030, except that violation of RCW 79A.60.080 shall constitute a gross misdemeanor punishable in accordance with RCW 9.92.020. (Ord. 4676, 7-28-97; amd. Ord. 4987, 10-21-02)