Chapter 11.40


11.40.010    Boat rentals.

11.40.020    Sheriff’s approval required for placement of buoys, floats, etc.

11.40.030    Floating or sunken objects – Action by sheriff – Owner’s duty.

11.40.040    Obstruction – Declared unlawful – Sheriff’s power to remove and impound.

11.40.010 Boat rentals.

The owner of a place which keeps and maintains more than one vessel for use by members of the public on a regular basis whether for rent or otherwise shall:

A. Not allow any such vessel to be used without first insuring that the vessel contains all safety equipment, numbering and other requirements specified in this title for all vessels; and

B. Keep a record of the name and address of the person or persons using any such vessel and the identification number, departure time and expected return time of any such vessel. The record shall be preserved for at least 30 days and shall be available for inspection by any deputy sheriff. (Ord. 90-83 (part)).

11.40.020 Sheriff’s approval required for placement of buoys, floats, etc.

A. Any person desiring to place any buoy, float, ski-jump platform or any similar contrivance upon any body of water covered by the provisions of this title dealing with lakes shall first obtain approval of the sheriff prior to such placement. The sheriff may place such conditions upon his approval as he or his authorized representative deems necessary in the interest of public safety.

B. Any approval obtained from the sheriff shall be in addition to and shall not be construed as a substitute for compliance with other county and state statutes such as those dealing with shorelines management governing placement of such contrivances.

C. All directional or marker buoys or floats shall be constructed of materials and to requirements of the sheriff’s office. (Ord. 90-83 (part)).

11.40.030 Floating or sunken objects – Action by sheriff – Owner’s duty.

A. All vessels or any other material or article of value found adrift, wrecked or submerged may be taken in charge by the Whatcom County sheriff department and shall be subject to reclamation by the owner thereof according to provisions of Sections 11.44.020 through 11.44.060 governing impoundments.

B. Whenever a vessel is wrecked or sunk, it shall be the duty of the owner of such vessel to immediately mark it by buoy or beacon during the day and a lighted lantern by night, which mark(s) shall remain until the sunken or wrecked craft is removed. The failure or neglect of such owner to do so is unlawful and it shall be the affirmative duty of such owner to commence the immediate removal of the same. (Ord. 90-83 (part)).

11.40.040 Obstruction – Declared unlawful – Sheriff’s power to remove and impound.

A. It is unlawful to cause an obstruction and owner or other person in charge of the obstructing vessel shall be responsible therefor.

B. In addition, the sheriff’s department shall have the power to order any obstruction to be removed and it is unlawful to fail, neglect or refuse to do so.

C. In addition, should any vessel or any matter of any description constitute an obstruction, the sheriff’s department shall be empowered to impound the same and the owner thereof shall be liable for any cost incurred in impounding and keeping the same prior to the item being released to the owner in accordance with the provisions of Sections 11.44.020 through 11.44.060 dealing with impoundment. (Ord. 90-83 (part)).