Chapter 16.16
WATERCRAFT REGULATIONS

Sections:

16.16.005    Authorization.

16.16.010    County regulations adopted by reference.

16.16.020    State statutes adopted by reference.

16.16.025    Prevention of noise.

16.16.030    Violation – Penalty.

16.16.040    Internal combustion engines prohibited on Lake Bonney.

16.16.005 Authorization.

The city of Bonney Lake, in the exercise of its police powers, assumes control and jurisdiction over all lakes, rivers and all other waters within its corporate boundaries. (Ord. 1366 § 1, 2010).

16.16.010 County regulations adopted by reference.

The Pierce County watercraft regulations as set forth in Chapter 8.88 PCC are hereby adopted by reference to the extent those regulations are not inconsistent with Chapters 79A.60 and 88.02 RCW, WAC Title 352, and Chapter 308-93 WAC; provided, that PCC 8.88.070 is amended and replaced by BLMC 16.16.025. No person shall operate on any waters of the city, nor launch onto any waters of the city any vessel not in compliance with said vessel regulations. (Ord. 1366 § 2, 2010; Ord. 1028 § 2, 2004; Ord. 636B § 1, 1997; Ord. 636 § 2, 1991).

16.16.020 State statutes adopted by reference.

The following statutes and regulatory provisions of the state of Washington are hereby adopted by reference as if set forth in full herein: Chapter 79A.60 RCW and WAC Title 352 regarding regulation of recreational vessels and Chapter 88.02 RCW and Chapter 308-93 WAC relating to registration of vessels; provided, that RCW 79A.60.130 is amended by BLMC 16.16.025. No person shall operate on any waters of the city, nor launch onto any waters of the city any vessel not in compliance with said vessel regulations. (Ord. 1366 § 3, 2010; Ord. 1028 § 3, 2004; Ord. 636B § 2, 1997; Ord. 636A § 1, 1994; Ord. 636 § 3, 1991).

16.16.025 Prevention of noise.

A. Every motor-powered vessel shall at all times be equipped with a functioning underwater exhaust or a properly installed and adequately maintained muffler or other similar device to reduce the sound of engine exhaust. A person shall not remove, alter, or otherwise modify in any way an exhaust or muffler system in a manner that will prevent it from being operated in accordance with this chapter; nor shall a person use a muffler or pipes with pinched outlets, holes or rusted-through areas, or similar condition or defect where the result of the condition or defect does or could increase the level of noise of the motor-powered vessel over the level that would reasonably result if the motor-powered vessel were equipped with standard and/or properly maintained equipment.

B. It is unlawful for any person to operate upon any lakes, rivers and all other waters within the corporate boundaries of the city, under any condition of speed, load, acceleration, or deceleration in such manner as to exceed noise level of 75 decibels (dB), as measured from any point on the shoreline of the body of water on using the SAE shoreline testing procedure on which the vessel is being operated and 70 dB as measured from the water or when moored. The 70 dB noise level measurement shall be done using the SAE stationary test procedure. In addition, it shall be unlawful for any person to operate upon any lakes, rivers and all other waters within the corporate boundaries of the city any motor-powered vessel between sunset and sunrise, where the noise level exceeds 60 dB as measured using the SAE shoreline test. All sound measurement will be performed to standards provided in Chapter 352-67 WAC, Vessel Sound Measurement Procedures.

C. It is unlawful for any person operating a watercraft upon any lakes, rivers and all other waters within the corporate boundaries of the city knowingly to cause or make, or knowingly to allow or permit to originate from the watercraft, a public disturbance noise in violation of BLMC 9.07.010, including the following:

1. The frequent, repetitive or continuous sounding of any horn or siren, except as a warning of danger or as specifically permitted or required by law;

2. The creation of frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any watercraft, so as to unreasonably disturb or interfere with the peace, comfort and repose of others, including owners or possessors of real property;

3. Yelling, shouting, hooting, whistling or singing, particularly between sunset and sunrise or at any time and place so as to unreasonably disturb or interfere with the peace, comfort and repose of others, including owners or possessors of real property;

4. Sound from any audio sound system, such as tape players, radios and compact disc players, operated at volumes so as to be audible greater than 50 feet from the watercraft itself or which unreasonably interferes with the peace, comfort and repose of others, including owners or possessors of real property.

D. The following types of sounds shall be exempt from this section:

1. Sounds created by safety and protective devices where noise suppression could defeat the intent of the device;

2. Sounds created by a warning device not operating continuously for more than five minutes;

3. Sounds created by emergency equipment for emergency work necessary in the interest of public safety for the health, safety, and welfare of the community;

4. Sounds created by the normal docking, undocking and waterskier pick-up and drop-off operations.

E. Any officer authorized to enforce this chapter who has reason to believe that a vessel is not in compliance with the noise levels established in this section may direct the operator of the vessel to submit the vessel to an on-site test to measure noise level, and the operator shall comply with such request. If the vessel exceeds the decibel levels established in this section, the officer may issue a notice of infraction and/or direct the operator to take immediate and reasonable measures to correct the violation.

F. Any officer who conducts vessel sound level tests as provided in this section shall be qualified in vessel noise testing. Qualifications shall include but may not be limited to the ability to select the appropriate measurement site and the calibration and use of noise testing equipment.

G. A violation of this section is an infraction punishable up to a maximum penalty of $500.00. Each day, location, violator and incident shall constitute a separate infraction under this section. (Ord. 1366 § 4, 2010).

16.16.030 Violation – Penalty.

Violation of this chapter is a misdemeanor, except (A) violation of BLMC 16.16.025, and (B) where the state statute or regulation adopted has been classified as a gross misdemeanor or an infraction, in which case the state classification shall control. The bail schedule for infractions specified in BLMC 16.16.020 shall be as required by the Washington State Supreme Court in IRLJ 6.2 as currently enacted and as may later be amended. (Ord. 1366 § 5, 2010; Ord. 636B § 3, 1997; Ord. 636A § 2, 1994; Ord. 636 § 4, 1991).

16.16.040 Internal combustion engines prohibited on Lake Bonney.

No person shall use or operate any watercraft powered by an internal combustion engine upon the waters of Lake Bonney. A person may use or operate watercraft powered by an electric trolling motor or any other nonmotorized watercraft upon the waters of Lake Bonney. Even if not in use, no internal combustion engine shall be on board any watercraft on Lake Bonney. Notwithstanding the foregoing, the following special exceptions shall be lawful:

A. The mayor of the city of Bonney Lake, or his designee, may authorize special occasion permits for the use and/or operation of watercraft powered by an internal combustion engine on Lake Bonney for ceremonial and other appropriate purposes consistent with appropriate utilization and conservation of the lake.

B. The officers and employees of governmental law enforcement, fire and research agencies are exempt from the provisions of this section and need not obtain a written permit for the use and/or operation of watercraft powered by an internal combustion engine upon Lake Bonney; provided, that said use and/or operation is limited to the performance of the employees’ duties. (Ord. 1392 § 1, 2011; Ord. 1191 § 1, 2006).