Chapter 12.28 WATERWAYS AND NAVIGATION

The City in the exercise of its police power assumes control and jurisdiction over all waters within its limits, and such waters shall, for the purpose of this chapter be known as “the harbor.” (Ord. 1045 § 1, 1979).

12.28.020 Definitions.

For the purpose of this chapter:

A. “Anchorage” means a designated position where vessels or watercraft may anchor or moor.

B. “Aquatic event” means any organized water event of limited duration which is duly sanctioned at least 7 days in advance by duly constituted authority and which is conducted according to a pre-arranged schedule and in which general public interest is manifested.

C. “Authorized emergency vessel” means any authorized vessel or watercraft of the Police Department, King County Sheriff’s Department, the United States Government, and State of Washington authorized patrol vessel or watercraft.

D. “City” shall mean the City of Issaquah.

E. “Diver’s flag” shall mean a red flag 5 units of measurement on the hoist by 6 units of measurement on the fly with a white stripe of 1 unit crossing the red diagonally, the flag to have a stiffener to make it stand out from the pole or mast. This flag shall only pertain to skin and SCUBA (Self Contained Underwater Breathing Apparatus) diving and shall supplement any nationally recognized diver’s flag or marking.

F. “Master” means the captain, skipper, pilot, or any person having charge of any vessel or watercraft.

G. “Obstruction” means any vessel or watercraft or any matter which may in any way blockade, interfere with or endanger any vessel or watercraft, or impede navigation, or which cannot comply with the “Pilot Rules for Certain Inland Waters of the Atlantic and Pacific Coasts and of the Coast of the Gulf of Mexico.”

H. “Oil” refers to any oil or liquid, whether of animal, vegetable or mineral origin, or a mixture, compound, or distillation thereof.

I. “Owner” means the person who has lawful possession of a vessel or watercraft or obstruction by virtue of legal title or equitable interest therein which entitled him to such possession.

J. “Person,” when necessary, means and includes natural persons, associations, copartnerships and corporations, whether acting by themselves or by a servant or agent or employee; the singular member shall, when necessary, be held to mean and include the plural, and the masculine pronoun to include the feminine.

K. “Pier” means any pier, wharf, dock, float, gridiron, or other structure to promote the convenient loading or unloading or other discharge of vessels or watercraft, or the repair thereof.

L. “Restricted area” means an area that is closed to all traffic therein when properly marked and designated for certain purposes such as swimming, skin diving, ferry landings, aquatic and other special events. The method of markings and designation shall have been specified by the Chief of Police.

M. “Skin diving” means any free swimming person and/or any person who uses an artificial or mechanical means to replace his air, including self-contained underwater breathing apparatus, snorkel tube equipment and free diving gear, but shall not mean swimmers using patrolled public beaches designated as swimming areas.

N. “Tow boat” means any vessel or watercraft engaged in towing or pushing another vessel or watercraft or anything other than a vessel or watercraft.

O. “Vessel” means any contrivance 110 feet or more in length overall, used or capable of being used as a means of transportation on water.

P. “Watercraft” means any contrivance less than 110 feet in length overall, used or capable of being used as a means of transportation on water. Aircraft, cribs or piles, shinglebolts, booms of logs, rafts of logs and rafts of lumber shall not be included within the terms “watercraft” or “vessel,” but shall be included within the term “obstruction” when they shall be floating loose and not under control or when under control and obstructing any navigable channel.

Q. “Water ski” means all forms, manners, means or contrivances of person or persons being towed behind a motor boat. (Ord. 1045 § 2, 1970).

12.28.030 Scope.

The provisions of this chapter shall be applicable to all vessels and watercraft operating in the harbor of this City. The provisions of this chapter shall be construed to supplement United States laws and regulations when not expressly inconsistent therewith in the harbor where such United States and State of Washington laws and regulations are applicable. (Ord. 1045 § 4, 1970).

12.28.040 Compliance to public health laws.

All watercraft and vessels entering the water of the City shall comply with the applicable public health laws and regulations of the United States, the State of Washington and its political subdivisions. (Ord. 1045 § 32, 1970).

12.28.050 Applicability of certain adopted rules.

Except as otherwise specified in this chapter, vessels or watercraft shall be subject to the “Rules to Prevent Collisions of Vessels and Pilot Rules for Certain Inland Waters of the Atlantic and Pacific Coasts and of the Coast of the Gulf of Mexico,” promulgated by the United States Coast Guard, pursuant to Act of Congress as such rules are now or may hereafter, from time to time be adopted. (Ord. 1045 § 26, 1970).

12.28.060 Exemption to authorized emergency vessels.

The provisions of this chapter shall be applicable to the operation of any and all vessels or watercraft in the waters of the City, except that they shall not apply in the following cases: To any authorized emergency vessel or watercraft actually responding to any emergency call or in immediate pursuit of an actual or suspected violator of the law, within the purpose for which such emergency vessel or watercraft has been authorized; provided, that the provisions of this section shall not relieve the operator of an authorized emergency vessel or watercraft of the duty to operate with due regard for the safety of all persons using the waters of the City. (Ord. 1045 § 35, 1970).

12.28.070 Races, regattas or trials.

Nothing in the provisions of this chapter shall be construed to mean that the operator of a watercraft competing in races or regattas, or trials therefor which have been duly authorized shall be prohibited from attempting to attain high speeds on a duly designated and indicated racing course nor, while so engaged, shall such watercraft be required to comply with IMC 12.28.220 and 12.28.240. (Ord. 1045 § 24, 1970).

12.28.080 Restricted areas.

In the interests of safe navigation, life safety and the protection of property, the Chief of Police shall designate restricted areas and the purpose for which the same shall be used. No person shall operate a vessel or watercraft within a restricted area; provided, that this section shall not apply to vessels or watercraft engaged in or accompanying the activity to which the area is restricted, nor to patrol or rescue craft, shall it apply in the case of an emergency. (Ord. 1045 § 18, 1970).

12.28.090 Duties of the Police Department.

The duties of the Police Department shall be:

A. To enforce the ordinances and regulations of the City upon the waters adjacent thereto;

B. To maintain regular patrols in the harbor for the protection of life and property, including but not limited to the removal and disposition of oil pollution, drifting debris and nuisances from the waters of the harbor;

C. To investigate and report upon marine and maritime accidents in the harbor;

D. To perform all necessary functions in connection with search and rescue in the harbor;

E. To cooperate with the authorities of the United States, the State of Washington and its political subdivisions in the enforcement of the laws of the United States, the State of Washington and its political subdivisions;

F. To designate, indicate the location of, and to patrol anchorage locations for watercraft or vessels within the areas set forth by the ordinances of the City;

G. To designate restricted areas. (Ord. 1045 § 3, 1970).

12.28.100 Speed regulations.

It is unlawful for any person to operate any watercraft or vessel at a speed in excess of 7 nautical miles an hour within 100 yards of shore. (Ord. 1045 § 7, 1970).

12.28.110 Reckless operation.

Any person who operates any watercraft or vessel in a reckless manner so as to endanger the life, limb, or damage the property of any person shall be guilty of reckless operation and a violation of this chapter. (Ord. 1045 § 6, 1970).

12.28.120 Negligent operation.

Any person who operates any watercraft in a manner so as to endanger, or be likely to endanger, any person or property or at a rate of speed greater than will permit him to, in the exercise of reasonable care, bring the watercraft to a stop within the assured clear distance ahead, shall be guilty of negligent operation and a violation of this chapter. (Ord. 1045 § 5, 1970).

12.28.130 Interference with navigation.

No person shall operate any watercraft or vessel in a manner which shall unreasonably or unnecessarily interfere with other watercraft or vessels or with the free and proper navigation of the waterways of the City. Anchoring or mooring under bridges or in heavily travelled channels shall constitute such interference if unreasonable under the prevailing circumstances. (Ord. 1045 § 8, 1970).

12.28.140 Obstructions.

A. No master or person having charge of any vessel, watercraft, or obstruction shall anchor the same in any anchorage or fairway nor make the same fast to any buoy, pier, or other structure owned by or under the authority and control of the City without obtaining permission therefor from the Police Department.

B. No master, owner, or other person in charge of any towboat shall, while towing any vessel, watercraft or obstruction, obstruct any channel or fairway.

C. The Police Department shall have the power to order:

1. Any vessel or watercraft or obstruction anchored in any anchorage or fairway or made fast to any buoy, pier, or other structure owned by or under the authority and control of the City;

2. Any towboat and/or its tow obstructing navigation in any channel or fairway; and

3. Any vessel, watercraft, or obstruction lying at any pier in the harbor which is obstructing any slip fairway or other vessel or watercraft to be removed, and it is unlawful to fail, neglect, or refuse to do so. (Ord. 1045 § 9, 1970).

12.28.150 Sunken vessels.

When any vessel, watercraft or obstruction has been sunk or grounded, or has been delayed in such a manner as to stop or seriously interfere with or endanger navigation, the Chief of Police may order the same immediately removed and if the owner, or other person in charge thereof, after being so ordered, does not proceed immediately with such removal, the Chief of Police may take immediate possession thereof and remove the same, using such methods as in his judgment will prevent unnecessary damage to such vessel, watercraft, or obstruction. The expense incurred by such removal shall be paid by such watercraft, vessel, or obstruction or the owner or other person in charge thereof, and in case of failure to pay the same, the City may maintain an action for the recovery thereof. (Ord. 1045 § 10, 1970).

12.28.160 Floating objects.

All vessels, watercraft, logs, piling building material, scows, houseboats, or any other article of value found adrift may be taken in charge by the Police Department and shall be subject to reclamation by the owner thereof, on payment by him to the City of any expense incurred by the City and, in case of failure to reclaim, may be sold or disposed of according to law. (Ord. 1045 § 11, 1970).

12.28.170 Intoxication.

A. It is unlawful for any person who is under the influence of intoxicating liquor or narcotic or habit-forming drugs to operate or be in actual physical control of any vessel or watercraft.

B. It is unlawful for the owner of any vessel or watercraft, or any person having such charge or in control, to authorize or knowingly permit the same to be operated by any person who is under the influence of intoxicating liquor, narcotic or habit-forming drugs.

C. Whenever it appears reasonably certain to any police officer that any person under the influence of, or affected by the use of, intoxicating liquor or of any narcotic drug is about to operate a watercraft or vessel in violation of subsection A of this section, the officer may take reasonable measures to prevent any such person from so doing, either by taking from him the keys of such watercraft or vessel and locking the same, or by some other appropriate means, and shall deposit the keys or other articles, if any, taken from the watercraft or vessel or person with his Commanding Officer. Such keys or other articles may be returned to any person upon his demand and proper identification of himself when it appears that he is no longer under the influence of intoxicating liquor or narcotic drug. (Ord. 1045 § 12, 1970).

12.28.180 Incapacity of operator.

It is unlawful for the owner of any vessel or watercraft, or any person having such in charge, to authorize or knowingly permit the same to be operated by any person, who by reason of physical or mental disability is incapable of operating such vessel or watercraft under the prevailing circumstances. (Ord. 1045 § 13, 1970).

12.28.190 Swimming.

Swimming in the waters of the City shall be confined to:

A. Restricted swimming areas; or

B. Within a distance of 50 feet from the shore or a pier unless the swimming is accompanied by a watercraft. (Ord. 1045 § 19, 1970).

12.28.200 Skin diving.

Skin diving shall be prohibited:

A. Within 300 feet of any public boat ramp, patrolled public beach designated as a swimming area, except pursuant to permit issued by the Chief of Police; or

B. In any other area unless the diver shall be accompanied by a watercraft or the area in which he is diving shall be marked adequately by a displayed diver’s flag. (Ord. 1045 § 20, 1970).

12.28.210 Water skiing.

A. No watercraft, which shall have in tow or shall be otherwise assisting a person on water skis, aqua-plane, surfboard or similar contrivances, shall be operated or propelled in the harbor unless such watercraft is occupied by at least 2 competent persons; provided, that this subsection shall not apply to watercraft used in only authorized water-ski tournaments, competitions, expositions, or trials therefor.

B. It is unlawful to water ski or to tow or otherwise assist anyone on water skis, aqua-plane, surfboard or similar contrivance within 100 yards of shore, provided water-skiers may start at a shore installation but must head away from shore to a point at least 100 yards, as set forth above, before skiing parallel with the shore. The return to shore must be on a 90-degree angle to the shoreline.

C. No watercraft shall have in tow or shall otherwise be assisting a person on water skis, aqua-plane, surfboard or similar contrivance from sunset to sunrise; provided, that this subsection shall not apply to watercraft used in duly authorized water-ski tournaments, competitions, expositions, or trials therefor.

D. All watercraft having in tow or otherwise assisting a person on water skis, aqua-plane, surfboard, or similar contrivance shall be operated in a careful and prudent manner and shall remain at all times at a reasonable and prudent distance from the person and property of others.

E. Any person on water skis, aqua-plane, surfboard, or similar contrivance shall conduct himself upon the same in a careful and prudent manner and shall remain at all times a reasonable and prudent distance from the person and property of the others. (Ord. 1045 § 21, 1970).

12.28.220 Equipment and numbering.

All watercraft or vessels shall carry the equipment required by any applicable United States laws as now or hereafter amended, and shall be numbered or designated in accordance with any applicable United States laws as now or hereafter amended. (Ord. 1045 § 23, 1970).

12.28.230 Propellers.

No master, owner, or other person in charge of any vessels or watercraft shall, while the same is lying at any slip or at any pier, either cause or allow the propeller or wheel of such vessel or watercraft to be worked in such a manner as to endanger any other vessel, watercraft, or structure. (Ord. 1045 § 27, 1970).

12.28.240 Mufflers.

It is unlawful to use or operate any engine in the waters of the City unless the engine is operated with and connected to a muffler or silencer of sufficient size and capacity effectually to muffle and prevent excessive or unusual noise from the exhaust of the engine. (Ord. 1045 § 22, 1970).

12.28.250 Explosives.

Every vessel or watercraft approaching or passing any vessel or watercraft engaged in the transfer of explosives, and from which is displayed the red powder flag, shall slow down to a speed of not exceeding 6 nautical miles an hour before coming abreast of such vessel or watercraft and in time to prevent accident by reason of swells. (Ord. 1045 § 28, 1970).

12.28.260 Dangerous gangways.

Whenever any gangway devoted to public use appears to be dangerous for such use, the Chief of Police shall report the matter to the City Building Inspector, who shall inspect the same and shall forbid the use of such gangway for such purpose until the same has been repaired or reconstructed so as to render the same safe for use, and until the same as so reconstructed or repaired has been inspected and its use for such purpose approved by him. (Ord. 1045 § 29, 1970).

12.28.270 Drifting debris.

It is unlawful for the owner, agent, or lessee in charge of any pier to allow the whole or any part thereof to fall into to remain adrift in the navigable waters or to drift away. Fender piles, broken or loose, shall be removed by the owner, agent or lessee of any pier, and upon failure to do so, the same may be removed by the Police Department and the expense thereof shall be paid by and recoverable from the owner, agent, or lessee of such pier to the City. (Ord. 1045 § 30, 1970).

12.28.280 Overloading.

No watercraft shall be loaded with passengers or cargo beyond its safe carrying capacity nor carry passengers in an unsafe manner taking into consideration weather and other existing operating conditions. (Ord. 1045 § 17, 1970).

12.28.290 Aircraft on the water.

All vessels or watercraft shall keep clear of aircraft landing within any area now or hereafter set aside by law for such purposes. Aircraft on the water shall keep clear of all vessels and watercraft and avoid impeding their navigation. (Ord. 1045 § 25, 1970).

12.28.300 Yielding right-of-way.

It shall be the duty of the master, owner, or operator of a vessel or watercraft to reduce speed, and if necessary stop his vessel or watercraft, and at the same time yielding right-of-way as otherwise specified in this chapter upon the approach of any authorized emergency vessel or watercraft displaying a red light and sounding a siren and while actually responding to any emergency or in immediate pursuit of any actual or suspected violator of the law, within the purpose for which such emergency vessel or watercraft has been authorized. (Ord. 1045 § 38, 1970).

12.28.310 Accidents.

The operator of any watercraft involved in an accident resulting in injury or death to any person or in damage to property shall immediately stop such watercraft at the scene of the accident and shall give his name, address, the name and/or number of his watercraft, and the name and address of the owner, to the person struck or the operator or occupants of the vessel or watercraft collided with or property damaged, and shall render to any person injured in such an accident reasonable assistance. (Ord. 1045 § 14, 1970).

12.28.320 Accident reports – Required.

The master, owner, or the operator of any watercraft shall file a report within 48 hours with the Police Department of any accident involving death or personal injury or property damage in excess of $200.00 in which such watercraft shall have been involved. (Ord. 1045 § 15, 1970).

12.28.330 Accident reports – Use.

All required accident reports and supplemental reports and copies thereof shall be without prejudice to the individual so reporting and shall be for the confidential use of the Police Department, City Attorney, or other peace and enforcement officer as provided in this chapter except that any such officer may disclose the identity of a person reported as involved in an accident when such identity is not otherwise known or when such person denies his presence at such accident. No such accident report or copy thereof shall be used as evidence at any trial, civil or criminal, arising out of any accident, except that any officer above-named for receiving accident reports shall furnish, upon demand of any person who has or who claims to have made such a report, or upon demand of any court, a certificate showing that a specified accident report has or has not been made to the Police Department, solely to prove a compliance or a failure to comply with the requirement that such a report be made in the manner required by law. (Ord. 1045 § 16, 1970).

12.28.340 Nuisances.

Sunken vessels or watercraft, refuse of all kinds, structures or pieces of any structure, dock sweepings, dead fish or parts thereof, dead animals or parts thereof, timber, logs, piles, boom sticks, lumber, boxes, empty containers and oil of any kind floating uncontrolled on the water, and all other substances or articles of a similar nature, are declared to be public nuisances; and it is unlawful for any person to throw or place in, or cause or permit to be thrown or placed, any of the above-named articles or substances in waters of the City, or upon the shore thereof or in such position that the same may or can be washed into the waters, either by high tides, storms, floods, or otherwise. Any person causing or permitting the nuisances to be placed as set forth in this chapter shall remove the same and upon his failure to do so, the same may be removed by the Police Department and the expense thereof shall be paid by and recoverable from the person creating said nuisance. In all cases, such nuisances may be abated in the manner provided by law. The abatement of any such public nuisances shall not excuse the person responsible therefor from prosecution under the provisions of this chapter. (Ord. 1045 § 31, 1970).

12.28.350 Emergency powers.

The Chief of Police and his duly authorized officers are authorized to direct all waterborne traffic, either in person or by means of visible or audible signal in conformance with the provisions of this chapter; provided, that where necessary to expedite waterborne traffic, or to prevent or eliminate congestion, or to safeguard persons or property, such officers, or in the event of a fire or other emergency such officers and other authorized officers of appropriate governmental agencies, may direct waterborne traffic as conditions may require, notwithstanding the provisions of this chapter. (Ord. 1045 § 37, 1970).

12.28.360 Enforcement.

The Chief of Police and any of his authorized officers or authorized personnel of the governments of the United States, the State of Washington, or its political subdivisions by virtue of their election or appointment shall have authority to enter upon and inspect any vessel or watercraft in the harbor, and are charged with the enforcement of the provisions of this chapter except as the enforcement thereof is otherwise specified in this chapter. It shall be the duty of the Police Department to make complaints for any violation of the same, or any part thereof, in the name of the City; provided, that this provision shall not operate to preclude the making of such complaint by any other person legally authorized to do so. (Ord. 1045 § 33, 1970).

12.28.370 Arrest – Notice – Release.

Whenever any person is arrested for any violation of this chapter, 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, he may be taken into custody of such arresting officer and so remain or be placed in confinement. (Ord. 1045 § 34, 1970).

12.28.380 Accident – Concealment or false filing as violation.

It shall be a violation of this chapter for any master, owner, operator, or other occupants of any vessel or watercraft involved in a reportable accident under the provisions of this chapter or involved in any violation of this chapter to wilfully and knowingly file false information and/or conceal pertinent facts to the accident and/or violation with the persons duly authorized to investigate the accident or violation. This section shall constitute a separate violation and shall not preclude prosecution for the original violation or accident. (Ord. 1045 § 39, 1970).

12.28.390 Violation – Aiding and abetting.

It is unlawful to counsel, aid or abet the violation of, or failure to comply with, any of the provisions of this chapter. (Ord. 1045 § 36, 1970).

12.28.400 Violation – Penalty.

Any person who violates or fails to comply with any provisions of this chapter, or any lawful order or direction of the Chief of Police or any person or officer charged with the enforcement thereof, shall upon conviction thereof be punished by a fine in any sum not exceeding $250.00, or by imprisonment in the City Jail for a term not to exceed 90 days or by both such fine and imprisonment. (Ord. 1045 § 40, 1970).