Chapter 11.10
WATER SPORTS REGULATIONS

Sections:

11.10.010  Scuba diving.

11.10.020  Water skiing, et al.

11.10.030  Restrictions on the use of personal watercraft on fresh waterways.

11.10.010  Scuba diving.

A. Persons who are engaged in scuba diving shall mark the area in which such operations are being conducted by the use of a divers flag, which is red with white diagonal stripe, at least eighteen by twenty-four inches.

B. If scuba diving operations are not accompanied by a vessel displaying a divers flag, a divers flag must be affixed to a float or similar device so as to be visible for a distance of one hundred yards.

C. If scuba diving operations are to be conducted between the hours of sunset and sunrise, artificially lighted marker buoys shall be provided and shall be visible for at least one hundred yards.

(Ord. 479 § 1 (part), 1989)

11.10.020  Water skiing, et al.

A. Any person who shall operate a vessel which has in tow another person or persons on water skis, aquaplane, kneeboard, innertube, or other similar device, and any person who shall operate such water skis, aquaplane, kneeboard, innertube or other similar device in tow behind a vessel shall be deemed engaged in water skiing.

B. Any vessel engaged in waterski operations shall have in addition to the vessel operator, a competent person, over ten years of age, to act as an observer for the safety of the person or persons in tow.

C. It shall be unlawful to engage in waterskiing between sunset and sunrise unless such waterskiing is conducted as part of an authorized ski tournament, competition or exhibition.

D. No person or persons shall engage in waterskiing within fifty feet of any boat launching ramp, motionless vessel, anchored vessel, trolling vessel, swimmer, safety buoy or shoreline.

E. Except on take-offs or drop-offs, no person or persons shall engage in waterskiing within fifty feet of the shoreline. At no time can the take-off or drop-off cause risk or hazard to other vessels or persons in the water.

F. No vessel shall follow behind a person being towed on waterskis, aquaplane, innertube, kneeboard or other similar device, closer than three hundred feet, nor cross the towing vessel’s bow by less than two hundred feet, nor come within one hundred feet of the person being towed.

G. No person shall operate any vessel, tow rope or other device by which the direction or location of a person on waterskis, aquaplane, innertube, kneeboard or other similar device may be affected or controlled in such a negligent manner as to endanger or be likely to endanger any person or property.

H. No person shall engage in waterskiing while under the influence of any intoxicating liquor, narcotic drug, barbiturate, marijuana or controlled substance as defined in RCW Chapter 69.50.

I. Water skiing, aquaplaning, kneeboarding, innertubing or operating a vessel with a person in tow behind said vessel, or being towed by a remote controlled "ski free" device is strictly prohibited, under any bridge, in any canal in the city including the Grand Canal, the "bell canals," the finger canals, the Bass Avenue Canal, and the cross over canal between Duck Lake and the Grand Canal.

(Ord. 479 § 1 (part), 1989)

11.10.030  Restrictions on the use of personal watercraft on fresh waterways.

A. Personal watercraft shall not be operated on the fresh waterways of the City of Ocean Shores, except that personal watercraft may be operated as follows:

1. During such time as the personal watercraft is operated by a duly authorized law enforcement officer, rescue personnel or other authorized agent of the City of Ocean Shores;

2. For emergency purposes when there is a reasonable belief that such use is necessary to protect persons, animals or property.

B. "Personal watercraft" means a vessel of less than sixteen feet in length that is propelled by machinery, commonly a jet pump, which is designed to be operated by a person sitting, standing or kneeling on the vessel, rather than being operated by a person sitting or standing inside the vessel.

C. "Fresh waterways of the City of Ocean Shores" shall include all bodies of water within the city limits of the City of Ocean Shores that contain fresh water, including but not limited to Duck Lake, Lake Minard, Grand Canal, Finger Canals, Bell Canals, Bass Canal, Tidy Lake (Ocean Shores Community Club lake) and Oyehut Creek. The term shall not include the waters of the Pacific Ocean, North Bay or Grays Harbor.

D. Any violation of this section shall be a civil infraction with the following penalties:

1. The first violation of this section shall be a Class 3 civil infraction with a maximum penalty of fifty dollars, plus statutory assessments;

2. The second violation of this section shall be a Class 2 civil infraction with a maximum penalty of one hundred twenty-five dollars, plus statutory assessments;

3. All subsequent violations of this section shall be a Class 1 civil infraction with a maximum penalty of two hundred fifty dollars, plus statutory assessments.

(Ord. 763 § 8, 2003; Ord. 681 § 3, 2000)