Chapter 5.44
WATERCRAFT RENTAL LICENSES

Sections:

5.44.010    Purpose.

5.44.020    Definitions.

5.44.030    License required.

5.44.040    License – Application and contents.

5.44.050    License – Application investigation – Issuance and nontransferability.

5.44.060    License – Fees.

5.44.070    License – Term.

5.44.080    Repealed.

5.44.082    Repealed.

5.44.085    Appeal of denial, suspension, or revocation of license.

5.44.090    Repealed.

5.44.095    Repealed.

5.44.100    Repealed.

5.44.110    Transient business license required.

5.44.120    Business license.

5.44.130    Additional applicable provisions.

5.44.010 Purpose.

The purpose of this chapter in requiring a license for watercraft rental businesses is to improve boating safety standards in the rental and subsequent use of watercraft and to recover the costs incurred by the city in implementing and enforcing the provisions of this title. (Ord. 1044 § 1 (part), 1996).

5.44.020 Definitions.

As used in this chapter:

A. “Administrator” means the city administrator or his/her designee.

B. “Person” means any individual, firm, corporation, partnership or association.

C. “Watercraft” collectively means “motor-driven boats and vessels” and “personal watercraft” as defined in RCW 88.12.010 as now exists or as may be hereafter amended. (Ord. 1044 § 1 (part), 1996).

5.44.030 License required.

Every person operating a watercraft lease or rental business within the city limits shall apply for and obtain from the city a watercraft rental license. (Ord. 1044 § 1 (part), 1996).

5.44.040 License – Application and contents.

Application for watercraft rental license authorized by this chapter shall be filed in writing with the Chelan County sheriff on a form provided by the Chelan County sheriff which includes but is not limited to the following information:

A. The names, business and home addresses and telephone numbers of the owner and manager of the watercraft rental and leasing business;

B. The address of the premises or in the case of a transient business operator, as defined in Section 5.20.010 of the Chelan Municipal Code, the specific location(s) of operation;

C. The proposed manner of operation of the business;

D. The name and address of designated agents of the owner;

E. The description of each watercraft available for rental or lease by trade name, manufacturer name, model name and serial number (additional watercraft added after the application shall be identified in writing to the chief law enforcement officer prior to being rented or leased); and

F. The proposed hours of operation. (Ord. 1287 §§ 5, 6, 2004; Ord. 1044 § 1 (part), 1996).

5.44.050 License – Application investigation – Issuance and nontransferability.

A. Investigation and Issuance. The proper license fee shall accompany each watercraft rental license application. The chief law enforcement officer or his/her designee shall review the application and prepare a written report for submission to the administrator. The report shall specifically address but is not limited to public health, public safety, pedestrian traffic, launching and docking of watercraft, parking, watercraft traffic, public disturbance and noise. The administrator shall review the application and the written report of the chief law enforcement officer and shall grant, deny or condition the license based on the application, written report of the chief law enforcement officer and any additional investigation conducted by the administrator documented in a written report. The administrator shall deliver a written decision to the applicant within fifteen working days of the city’s receipt of the license application and fee. If the license is denied the fee shall be returned to the applicant. If the license is issued a pre-operation safety meeting with the chief law enforcement officer or his/her designee shall take place prior to the commencement or rental and leasing each year.

B. Nontransferable. The watercraft rental license shall not be assignable or transferable.

C. Safety Briefing. The owner/licensee shall receive and acknowledge a safety briefing from the city of Chelan County sheriff marine patrol supervisor which will cover the requirements set forth in subsection (C)(1), (2) and (3) of this section. The owner/licensee shall be responsible for giving the safety briefing to his/her designated agents.

1. Licensees. Licensees are required to give a written review of Washington’s applicable boating laws and regulations and the city’s boating regulations in the form annually published by the chief law enforcement officer to each person leasing or renting a watercraft. Each person leasing or renting a watercraft must receive the briefing directly from the licensee or a designated agent.

2. Renter’s Acknowledgment Form. The licensee is responsible for obtaining a completed renter’s acknowledgment form from each person leasing or renting a watercraft. The lessee/renter must sign the acknowledgment to document he/she has received review on the above-described boating laws and regulations. These forms must be kept on file by the licensee for a period of three years. Such forms are subject to inspection by the Chelan County sheriff upon reasonable notice during business hours.

3. Annual Decals. Annual city of Chelan decals shall be issued to the licensee and must be placed on each watercraft that is available for rental or lease. The presence of a decal on a watercraft does not certify compliance with safety laws and regulations. (Ord. 1287 §§ 5, 6, 2004; Ord. 1044 § 1 (part), 1996).

5.44.060 License – Fees.

The license fee for a watercraft rental license under the provisions of this chapter shall be as set forth by resolution of the city council. (Ord. 1044 § 1 (part), 1996).

5.44.070 License – Term.

The license term for the license required by this chapter shall be for a period of one year beginning January 1st and ending December 31st of each year. Refunds will not be made for licenses cancelled during the year. Fees for licenses purchased for a portion of any year shall not be prorated. (Ord. 1044 § 1 (part), 1996).

5.44.080 Enforcement and revocation.

Repealed by Ord. 1501. (Ord. 1287 §§ 5, 6, 2004; Ord. 1141 § 19, 1999: Ord. 1044 § 1 (part), 1996).

5.44.082 Reinstatement procedures and standards for reviewing an application for reinstatement.

Repealed by Ord. 1501. (Ord. 1141 § 20, 1999).

5.44.085 Appeal of denial, suspension, or revocation of license.

In the event a license under this chapter is denied, conditioned, suspended or revoked, the applicant or licensee may appeal the decision under the uniform code enforcement, Chapter 2.80. (Ord. 1501 § 10 (Exh. G) (part), 2015).

5.44.090 License issuance – Appeal.

Repealed by Ord. 1501. (Ord. 1141 § 21, 1999: Ord. 1044 § 1 (part), 1996).

5.44.095 Judicial appeal.

Repealed by Ord. 1501. (Ord. 1141 § 22, 1999).

5.44.100 Penalty.

Repealed by Ord. 1501. (Ord. 1044 § 1 (part), 1996).

5.44.110 Transient business license required.

A transient watercraft lease or rental business shall also be subject to the licensing requirements of Chapter 5.20 of the Chelan Municipal Code as now exists or as may be amended. (Ord. 1044 § 1 (part), 1996).

5.44.120 Business license.

A nontransient watercraft lease or rental business shall also be subject to the licensing requirements of Chapter 5.13 as it now exists or may be amended. (Ord. 1501 § 10 (Exh. G) (part), 2015: Ord. 1044 § 1 (part), 1996).

5.44.130  Additional applicable provisions.

The provisions of Chelan Municipal Code Section 9.22.050, as the same exists now or may hereafter be amended, shall apply to all watercraft rental businesses. (Ord. 1250 § 2, 2002).