Chapter 11.02
GENERAL PROVISIONS
Sections:
11.02.010 Title—Effective date—Application—Construction.
11.02.020 Purposes—Principles of construction.
11.02.100 Especially hazardous conditions.
11.02.010 Title—Effective date—Application—Construction.
A. This title shall be known and may be cited as the "Ocean Shores safe boating ordinance" and shall become effective on the tenth day of July, 1989.
B. The provisions of this title shall apply to any offense committed on or after July 10, 1989, which is defined in this title or the general ordinances, where applicable.
C. The provisions of this title do not apply to or govern the construction of and punishment for any offense committed prior to the effective date of this title. Such an offense and any defenses thereto must be construed and punished according to the provisions of this code existing at the time of the commission thereof, in the same manner as if this title had not been enacted.
(Ord. 479 § 1 (part), 1989)
11.02.020 Purposes—Principles of construction.
The general purposes of this title are:
A. To forbid and prevent conduct that inflicts or threatens to inflict harm to individual or public interests.
B. To give fair warning of the nature of the conduct declared to constitute an offense.
C. To prescribe penalties for the violation of sections of this title.
(Ord. 479 § 1 (part), 1989)
11.02.040 Definitions.
Terms in this title shall mean as follows:
A. "Boating accident" means a collision, sinking, fire, explosion, injury or loss of life that involves a vessel, its equipment or its appendages.
B. "Boat livery" means a business which holds any vessel for rent or leasing.
C. "Buoy" means a floating device or marker anchored in the water.
D. "Buoy line" means a straight line that would exist if drawn between the closest safety buoys.
E. "dB(A)" means the sound level measured in decibels using the "A" weighted network.
F. "Dock" means any man-made platform extending from the shoreline into the water.
G. "Flotation device" means any device used or capable of being used as a means of transportation on the water and shall include but not be limited to inflatable beach toys, rubber innertubes, rafts and air mattresses.
H. "Motorboat" means any vessel propelled in whole or part by machinery, including those temporarily equipped with detachable motors.
I. "Navigation lights" means a red port light and a green starboard light and a white stern light visible at a distance of one hundred yards.
J. "Operator" means a person who is in actual physical control or in charge of a vessel when it is in use.
K. "Owner" means a person who claims lawful possession of a vessel by virtue of legal title or equitable interest therein which entitles them to such possession.
L. "Personal flotation device (PFD)" means life preservers, life vests, flotation rings, buoyant cushions.
M. "Safety buoy" means a buoy placed to regulate or control vessel speed or operations as required for the safety of the public.
N. "Sailboat" means any vessel propelled primarily by the wind.
O. "Shoreline" means the existing intersection of water with the ground surface or any permanent shore connected facility.
P. "Sound level" means the weighted sound pressure level measured by the use of a metering characteristic and weighted as specified in American Standards Institute Specifications, Section 1.4, 1971.
Q. "Use" means to operate, navigate or employ.
R. "Vessel" means any watercraft used or capable of being used as a means of transportation on the water. This definition shall include, but not be limited to, the following: rowboats, sailboats, motorboats, canoes, kayaks, jet skis and hovercraft.
S. "Wake speed" means a slow speed producing a wake not to exceed six inches in height at its apex when reaching any shoreline, dock or manmade structure on the shoreline and further not to exceed five miles per hour in any event.
T. "Waterway" is any waters, waterway, lake, river, tributary, canal, lagoon or connecting waters within the incorporated boundaries of the city.
(Ord. 479 § 1 (part), 1989)
11.02.060 Authority to board.
The Ocean Shores police department is given the authority to board any vessel found underway on the waters within the city limits of the city for the purpose of inspection and enforcement of this title, and those sections of RCW Title 88 adopted by reference only. (Ord. 479 § 1 (part), 1989)
11.02.080 Emergency vessels.
All vessels operating on the waterways of the city shall yield the right-of-way to law enforcement vessels displaying a bright flashing blue light and siren. (Ord. 479 § 1 (part), 1989)
11.02.100 Especially hazardous conditions.
A. If an Ocean Shores police officer observes a vessel being used without sufficient lifesaving or firefighting devices or in an overloaded or other unsafe condition as defined in this title, and in his judgment such use creates an especially hazardous condition, he may direct the operator to take whatever immediate and reasonable action may be necessary for the safety of those aboard the vessel, including directing the operator to return to mooring and remaining there until the situation creating the especially hazardous condition is corrected or ended.
B. For the purpose of this section, "other than safe conditions" means a boat which:
1. Does not display navigation lights when required (sunset to sunrise); or
2. Has fuel leakage from the engine or fuel system; or
3. Has an accumulation of fuel in the bilges or a compartment other than a fuel tank; or
4. Does not have a serviceable flame arrester when required; or
5. Does not meet the ventilation requirements for fuel tanks and engine spaces.
C. If the vessel is a for-hire vessel from a boat livery, it shall be the obligation of the lessee to insure proper vessel loading and that all safety equipment required by this title is present.
(Ord. 479 § 1 (part), 1989)
11.02.110 Accident reporting.
A. In the case of a boating accident, it shall be the duty of the operator, if he can do so without serious danger to the operator’s own vessel, to himself or other persons on board, to render all practical and necessary assistance that may be necessary to other persons affected by such boating accident. Under no circumstances may the rendering of assistance or other compliance with this section be evidence of the liability of such operator for the accident.
B. Any person who complies with subsection A of this section or who gratuitously and in good faith renders assistance at the scene of a vessel accident, without objection of any person assisted, shall not be held liable for any civil damages as a result of the rendering of assistance or for any act or omission in providing or arranging salvage, towage, medical treatment or other assistance where the assisting person acts as any ordinary reasonably prudent person would have acted under the same or similar circumstances.
C. Every accident involving a vessel on any waterway in which there is personal injury or death or damage to property in excess of two hundred dollars shall be reported to the Ocean Shores police department by the vessel operator unless deceased, in which instance a passenger in the vessel, if any, shall have such duty. The Ocean Shores police department shall provide forms upon which the report shall be rendered.
D. When as a result of an occurrence that involves a vessel or its equipment a person dies or disappears from a vessel, the operator, unless deceased, in which instance a passenger, if any, shall without delay notify the Ocean Shores police department of:
1. The date, time and exact location of the occurrence;
2. The name of each person who dies or disappears;
3. The number and/or name of the vessels involved;
4. The names and addresses of the owner and operator of each vessel or vessels involved.
(Ord. 479 § 1 (part), 1989)