Chapter 6.40


6.40.001    General provisions.

6.40.010    General - Sponsorship.

6.40.020    Participation.

6.40.030    Boating exhibition, tournament permits authorized.

6.40.040    Permit application.

6.40.050    Permit - Fee.

6.40.060    Permit application referral.

6.40.070    Permit issuance.

6.40.080    General conditions of use.

6.40.085    Insurance requirements.

6.40.090    Restricted area designation - Effect.

6.40.001 General provisions.

Unless specified otherwise in this chapter, the general provisions contained in chapter 6.01 SCC shall apply to this license.

(Added Ord. 83-156, § 2, Dec. 29, 1983).

6.40.010 General - Sponsorship.

It shall be unlawful for any person to sponsor any vessel and/or water-ski regattas, tournaments, exhibitions, races or other events upon or in any lake within Snohomish County, unless a permit has been issued in accordance with this chapter.

(Added Ord. 83-156, § 2, Dec. 29, 1983).

6.40.020 Participation.

It shall be unlawful for any person to participate in any vessel and/or water-ski regattas, tournaments, exhibitions, races or other events upon or in any lake within Snohomish County, except in accordance with a permit issued pursuant to this chapter.

(Added Ord. 83-156, § 2, Dec. 29, 1983).

6.40.030 Boating exhibition, tournament permits authorized.

The county may by permit authorize the conduct of vessel and/or water-ski regattas, tournaments, races, or other events upon or in any lake in Snohomish County not otherwise restricted by state or federal regulation; PROVIDED, That such permits shall not authorize motorboat regattas, tournaments, races or other events upon or in lakes where motorboats are otherwise prohibited. Such permits shall be supplementary to any assembly permit otherwise required.

Within the area designated for the event and during the time specified in the permit, all or part of the sections of this code relating to operator qualifications or equipment qualifications may be waived; PROVIDED, That such waiver is requested in writing by the sponsor and noted upon the permit.

(Added Ord. 83-156, § 2, Dec. 29, 1983).

6.40.040 Permit application.

Any person desiring to sponsor such events shall apply to the county licensing authority and comply with SCC 6.01.040, General Licensing Provisions of Title 6, Business Licenses and Regulations.

The application must be submitted at least 60 days in advance of the commencement of such events for a permit. In addition, the following information shall be provided:

(1) The name and address of sponsor;

(2) The lake and the general water area of said lake where said events shall be held;

(3) The hours and dates of such events including the hours and dates of any trial practices or preliminary events;

(4) The type or nature and extent of such events;

(5) Plans drawn to scale showing the course and outer restricted area; the outer restricted area to be of such size as to permit safe passage of any vessel or swimmer outside its perimeter; all such plans to show the nature and location of all buoys and markers and other floating devices that are existing or to be temporarily placed upon the water;

(6) The provisions that shall be made by the sponsor for patrolling to prevent the unauthorized entry of nonparticipants into the water areas;

(7) The safety and rescue measures that shall be provided by the sponsor to ensure the safety of the life, limb, and property of participants and other persons;

(8) All concessions and incidental activities to be conducted in connection with the event;

(9) Land area under control of applicant and promoters for the purpose of accommodating anticipated crowds and preventing pressure of trespassers on private property;

(10) Such other information as the county may require to fully inform it of the nature and extent of such event.

(Added Ord. 83-156, § 2, Dec. 29, 1983; Amended Ord. 87-038, § 54, June 3, 1987).

6.40.050 Permit - Fee.

The fees for this permit are established by and are contained in SCC 6.01.050(2)(m). In addition, the applicant shall pay the cost of publication and of posting of notices provided for herein. No permit shall be issued hereunder unless the applicant demonstrates that he will meet the conditions, limitations and restrictions of this chapter. Said application fee shall be nonrefundable.

(Added Ord. 83-156, § 2, Dec. 29, 1983).

6.40.060 Permit application referral.

Upon receipt of an application for permit, the county licensing authority shall take the following action:

(1) Refer copies of the application:

(a) To the parks division manager for his comments on desirability of the event and for the posting of notices at each public access to the lake involved;

(b) To the county sheriff for comments on the qualifications of patrol personnel, on traffic safety and on noise problems; and

(c) To the health district for comments on the adequacy of sanitation facilities.

(Added Ord. 83-156, § 2, Dec. 29, 1983; Amended Ord. 87-038, § 55, June 3, 1987; Amended Ord. 93-066, Aug. 18, 1993, Eff date Aug. 28, 1993).

6.40.070 Permit issuance.

Permits hereunder may be issued when it is determined by the licensing authority that the permit when taken in conjunction with all other applications and permits issued during the same calendar year for the subject lake will not result in a frequency or duration of such activity as will cause an unreasonable interference with other water users on the lake and that when the conditions of the permit are met, there will be no unreasonable hazard to the safety, comfort and repose of others, whether water users, landowners or road users on or in the vicinity of the lake, and that the conditions in the permit will not contain a lesser standard than that specified in this chapter.

(Added Ord. 83-156, § 2, Dec. 29, 1983; Amended Ord. 87-038, § 56, June 3, 1987).

6.40.080 General conditions of use.

Permits for any regatta, tournament race or other event are subject to the following minimum limitations and conditions:

(1) That the plan, map and text showing the course restricted area, location of buoys and markers and other safety equipment, shore and upland under control of the applicants, with parking areas located thereon, together with attendant and participant areas and toilet facilities, shall when approved or approved as modified bind the applicants and promoters to the state locations, terms and conditions;

(2) That all buoys, markers and other safety equipment, and toilet facilities, shall be in place not later than two hours prior to time specified for any activity permitted by the permit;

(3) That the qualifications of the traffic-control persons, crowd-control persons and restricted-area-patrol persons specified in the permit have been approved by the sheriff in accordance with the conditions of the permit and of this chapter and that such persons are on duty not later than one hour prior to the period specified on the permit for which their use will be required. Use of alcohol, narcotic drugs by any of the above-specified personnel during any period for which they are required to be on duty shall void the permit;

(4) That during any competition emergency medical aid personnel and equipment specified in the permit are on duty at the stations specified in the permit;

(5) That the applicant and promoters shall remove all temporarily placed equipment immediately at the termination of permitted events and shall remain liable for damages sustained as a result of their failure to do so and for the cost of removal;

(6) That applicant is responsible for control and cleanup of any oil spill or other pollution caused by the event;

(7) That applicant must meet any health department requirements that are applicable;

(8) That any special conditions imposed are complied with.

(Added Ord. 83-156, § 2, Dec. 29, 1983).

6.40.085 Insurance requirements.

The applicant shall agree that in the event the permit is granted, the following indemnity agreement applies to the event: The permit holder assumes the risk of all damage, loss, cost and expense and agrees to indemnify and hold harmless Snohomish County from and against any and all liability which may accrue to or be sustained by Snohomish County on account of any claim, suit or action made or brought against Snohomish County for the death of or injury to persons or destruction of property involving the permit holder and its employees or agents sustained in connection with the performance of the permit except the sole negligence and wilful misconduct of Snohomish County, its employees acting within the scope of their employment, and such indemnification shall extend to and include attorney’s fees and the cost of establishing the right to indemnification hereunder in favor of Snohomish County.

Insurance: A certificate of comprehensive general liability insurance policy shall be filed with the licensing authority prior to the issuance of the permit which names Snohomish County, its officers and employees, as an additional insured as respects activities in connection with this permit. The certificate shall be approved by the risk manager.

This insurance shall contain a "cross liability" endorsement which reads substantially as follows:

The inclusion of more than one insured under this policy shall not affect the rights of any insured as respects any claim, suit or judgment made or brought by or for any other insured or by or for any employee of any other insured. This policy shall protect each insured in the same manner as though a separate policy had been issued to each except that nothing herein shall operate to increase the company’s liability beyond the amount or amounts for which the insurer would have been liable had only one insured been named. The insurance required herein will be an amount not less than $500,000 combined single limit bodily injury and property damage.

In addition, applicant must comply with language under SCC 6.01.190 and the policy will include coverage for any damage caused by wake or any motorboat operating as a result or as a participant in any event within the restricted area.

(Added Ord. 83-156, § 2, Dec. 29, 1983; Amended Ord. 87-038, § 57, June 3, 1987).

6.40.090 Restricted area designation - Effect.

When buoys and markers provided for in the permit are installed and in place during the period of time specified in the permit, it shall be unlawful for any person or vessel to be in the restricted area of the water unless such person is an applicant or promoter or participant in the permitted activity or is a county administrative or law enforcement person or a person providing emergency aid.

(Added Ord. 83-156, § 2, Dec. 29, 1983).