Chapter 11.28
PROHIBITIONS

Sections:

11.28.010    Intoxication.

11.28.020    Reckless and negligent operation.

11.28.030    Operation by minors.

11.28.040    Houseboat prohibited.

11.28.050    Discharge from watercraft.

11.28.010 Intoxication.1

A. Operating Under Influence. It is unlawful for any person who is under the influence of or affected by the use of intoxicating liquor or of any drug to operate, propel or be in actual physical control of a vessel within Whatcom County.

B. Permitting Operation. No owner of a vessel or person in charge or control of a vessel shall authorize or knowingly permit the vessel to be propelled or operated by any person who is under the influence of or affected by the use of intoxicating liquor or any drug.

C. Prevention Authorized. Whenever it appears reasonably certain to any deputy sheriff that a person under the influence or affected by the use of intoxicating liquor or any drug is about to operate a vessel in violation of subsection A of this section, said officer may take reasonable measures to prevent such person from so doing, either by taking from him or the vessel the keys of such vessel and securing the same by impounding them, or by some other appropriate means. Such keys or other articles which may be impounded in order to immobilize the vessel may be returned to the owner or person in question upon proper identification if it appears there is no longer any reasonable cause to believe the subject vessel will be operated by a person under the influence of or affected by intoxicating liquor or any drug. (Ord. 90-83 (part)).

11.28.020 Reckless and negligent operation.1

A. Reckless Operation. Any person who operates or propels any vessel in willful or wanton disregard for the safety of person or property is guilty of reckless operation.

B. Negligent Operation. It is unlawful for any person to operate or propel a vessel in such a manner as to endanger or be likely to endanger any person or property. Any person so operating or propelling a vessel shall be guilty of negligent operation. Negligent operation shall be considered a lesser offense than, but included in, the offense of operating a vessel in a reckless manner. (Ord. 90-83 (part)).

11.28.030 Operation by minors.

It is unlawful for any person under the age of 16 years to operate, or be permitted by the owner or person having charge of a vessel to operate a vessel powered by a motor of 10 horsepower or more unless accompanied by a person who is legally capable of operating such vessel. It is unlawful for a minor 10 years of age or under to operate, or be permitted to operate, any motorized vessel. (Ord. 90-83 (part)).

11.28.040 Houseboat prohibited.

It is unlawful to maintain any houseboat upon the waters of lakes within Whatcom County. (Ord. 90-83 (part)).

11.28.050 Discharge from watercraft.

It is unlawful to discharge into any body of water within Whatcom County any sewage, treated or untreated, or any waste derived from sewage from any vessel or watercraft. (Ord. 90-83 (part)).


1

For special penalty for violation of this section, see Section 11.48.020.