Chapter 12.36
PENALTIES

Sections:

12.36.010    General penalty.

12.36.015    Civil infractions.

12.36.020    Reckless operation.

12.36.030    Exceeding speed limit evidence of reckless operation.

12.36.040    Operating vessel in a negligent manner.

12.36.050    Water littering.

12.36.060    Citations authorized.

12.36.010 General penalty.

Except as provided in SCC 12.36.015, any violation of this title shall constitute a misdemeanor punishable upon conviction as provided in SCC 1.01.100.

(Res. adopted June 30, 1975; Amended by Amended Ord. 12-111, Jan. 9, 2013, Eff date March 1, 2013).

12.36.015 Civil infractions.

(1) Violation of any of the following provisions is a class 2 civil infraction punishable as provided in chapter 10.70 SCC:

(a) SCC 12.16.010, relating to required flotation equipment;

(b) SCC 12.16.020, relating to required lighting equipment;

(c) SCC 12.16.040, relating to required bilge ventilation equipment;

(d) SCC 12.16.050, relating to required backfire arresting equipment;

(e) SCC 12.16.060, relating to engine muffling equipment;

(f) SCC 12.20.030, relating to water skiing crew;

(g) SCC 12.24.060, relating to vessel right-of-way;

(h) SCC 12.24.070, relating to vessel overloading;

(i) SCC 12.28.030, relating to divers;

(j) SCC 12.28.050, relating to water skiing equipment;

(k) SCC 12.36.040, relating to negligent vessel operation;

(l) SCC 12.44.020, relating to water skiing on certain lakes.

(2) Violation of any of the following provisions is a class 3 civil infraction punishable as provided in chapter 10.70 SCC:

(a) SCC 12.16.030, relating to required fire extinguishers;

(b) SCC 12.20.010, relating to vessel operator age restrictions;

(c) SCC 12.24.020, relating to vessel speed during hours of darkness;

(d) SCC 12.24.030, relating to vessel speed in restricted-use waters;

(e) SCC 12.24.040, relating to vessel speed where water-skiing is permitted;

(f) SCC 12.24.050, relating to vessel speed under special circumstances;

(g) SCC 12.28.010, relating to vessel operation while water skiing;

(h) SCC 12.28.011, relating to vessel direction;

(i) SCC 12.28.020, relating to vessels and swimmers;

(j) SCC 12.28.040, relating to swimming and diving;

(k) SCC 12.36.050, relating to water littering;

(l) SCC 12.44.030, relating to water skiing and operation of personal watercraft on certain lakes.

(Added by Amended Ord. 12-111, Jan. 9, 2013, Eff date March 1, 2013).

* Code Reviser’ Note: Amended Ordinance No. 12-111 at Section 26 repealed SCC 12.24.010. Section 13 of Amended Ordinance 12-111 added a new section to chapter 12.36 SCC that contained a reference to repealed SCC 12.24.010 (at SCC 12.36.015(1)(g)). This subsection has been omitted and remaining subsections re-lettered pursuant to SCC 1.02.020(2)(g).

12.36.020 Reckless operation.

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

(Res. adopted June 30, 1975).

12.36.030 Exceeding speed limit evidence of reckless operation.

The unlawful operation of a vessel in excess of the maximum lawful speeds provided in this title at the point of operation and under the circumstances described shall be prima facie evidence of the operation of a vessel in a reckless manner by the operator thereof.

(Res. adopted June 30, 1975).

12.36.040 Operating vessel in a negligent manner.

It shall be unlawful for any person to operate a vessel in a negligent manner. For the purpose of this section, to "operate in a negligent manner" shall be construed to mean the operation of a vessel in such a manner as to endanger or be likely to endanger any persons or property.

The offense of operating a vessel in a negligent manner shall be considered to be a lesser offense than, but included in, the offense of operating a vessel in a reckless manner, and any person charged with operating a vessel in a reckless manner may be convicted of the lesser offense of operating a vessel in a negligent manner.

(Res. adopted June 30, 1975).

12.36.050 Water littering.

It shall be unlawful for any person to dump, throw or otherwise deposit junk, trash, garbage, refuse, litter or other waste and/or foreign material into any lake in Snohomish county; PROVIDED, That nothing herein shall prohibit the cleaning of freshly caught fish and depositing the waste matter therefrom in lake areas a reasonable distance from swimming and bathing beaches.

(Res. adopted June 30, 1975).

12.36.060 Citations authorized.

Whenever any person is arrested for any violation of this title, the arresting officer may serve upon him a citation and notice to appear in court. The arrested person, in order to secure release and when permitted by the arresting officer, must give his written promise to appear in court as required by the citation and notice by signing in the appropriate place the written citation and notice served by the arresting officer. Upon the arrested person’s failing or refusing to sign such written promise and notice, he may be taken into custody by such arresting officer and placed in confinement

(Res. adopted June 30, 1975).