Chapter 8.32
LAKE CHELAN USE REGULATIONS

Sections:

8.32.010    Declaration of policy.

8.32.015    State statutes adopted by reference.

8.32.020    Designation.

8.32.030    Definitions.

8.32.040    Compliance with United States Coast Guard regulations and rules.

8.32.050    Repealed.

8.32.055    Negligent operation of a watercraft.

8.32.060    Repealed.

8.32.070    Age restrictions.

8.32.075    Identification.

8.32.080    Mooring and anchorage restrictions.

8.32.085    Floating businesses – Prohibited.

8.32.090    Rental of motorized watercraft.

8.32.095    Watercraft launches.

8.32.100    Operation in restricted water.

8.32.110    Water skiing.

8.32.115    Personal watercraft.

8.32.120    Races and regattas.

8.32.122    Hydroplanes.

8.32.130    Speeding restrictions.

8.32.140    Depositing refuse, litter and sewage prohibited.

8.32.150    Accident reports.

8.32.160    Scuba diving and swimming.

8.32.165    Diving from bridges prohibited.

8.32.170    Repealed.

8.32.175    Duty to obey law enforcement officer.

8.32.180    Enforcement.

8.32.190    Motorized watercraft restrictions.

8.32.191    Lake Chelan Park beaching restrictions.

8.32.195    Area restrictions.

8.32.196    Transportation of aquatic plants.

8.32.200    Citation for violation – Promise to appear.

8.32.210    Penalty for violation.

8.32.010 Declaration of policy.

It is the policy of the city to promote safety and enjoyment of persons using the waters of this city. This chapter is intended to supplement, but not to infringe upon, the boating safety laws and regulations of the state and the United States. (Ord. 653 § 2, 1980).

8.32.015 State statutes adopted by reference.

Chapters 88.02, 88.08 and 79A.60 RCW, except for RCW 79A.60.170, and as they may be amended, including, but not limited to, the penalties provided for therein, are adopted by reference. (Ord. 1469 § 1, 2014; Ord. 1242 § 1, 2002: Ord. 1207 § 1, 2001: Ord. 1142 § 1, 1999: Ord. 991 § 1, 1994: Ord. 924 § 1, 1991).

8.32.020 Designation.

This chapter shall be known as the “Lake Chelan Use Regulations.” (Ord. 1469 § 2, 2014: Ord. 653 § 3, 1980).

8.32.030 Definitions.

For the purposes of this chapter, the words set out in this section shall have the following meanings:

A. “Watercraft” means very device capable of traveling on water. Such term does not include seaplanes, or inner tubes, air mattresses, and small rafts or flotation devices or toys customarily used by swimmers.

B. “Motorized watercraft” means all watercraft that have the means to be self-propelled.

C. “Chief law enforcement officer” means the chief law enforcement officer or any duly appointed officer of the Chelan County sheriff.

D. “Person” means any natural person, partnership, association or corporation.

E. “Shoreline” means any existing water line.

F. “Slow minimal wake speed” means very slow speed producing a minimum of wake not to exceed six inches in height at its apex when reaching any shoreline, pier or shore installation and under no circumstances exceeding five miles per hour.

G. “City boundary” refers to all waters of Lake Chelan and the Chelan River lying easterly of the following described line and considered as being within the city:

Commencing at a point five hundred twenty feet east, more or less, at the intersection of the westerly line of Section 3, Township 27 North, Range 22 East of the Willamette Meridian, with the north shore of the waters of Lake Chelan; and running thence southeasterly, in a straight line to the intersection of the easterly line of the west half of Section 15, Township 27 North, Range 22 East of the Willamette Meridian, with the south shore of the waters of Lake Chelan, as authorized and further defined by application of RCW 35.21.160 as the same exists now or may be hereafter amended.

H. “Observer” means the individual riding in a watercraft who shall be responsible for observing the water skier at all times. The observer and the operator shall not be the same person. The observer shall be at least ten years old, mentally competent, and physically able to perform the observer’s tasks.

I. “Personal watercraft” means a motorized watercraft of less than sixteen feet which uses a motor powering a water jet pump as its primary source of motive power and which is designed to be operated by a person sitting, standing, or kneeling on, rather than the conventional manner of sitting or standing inside, the motorized watercraft, including jet skis.

J. “Operator” means an individual who steers, directs or otherwise has physical control of a watercraft that is underway or exercises actual authority to control the person at the helm. The operator of a personal watercraft shall be at least sixteen years of age.

K. “Beaching” means to run, drive, or locate a watercraft within fifty feet of the shore.

L. “Water skiing” means the physical act of being towed behind a watercraft on, but not limited to, any skis, aquaplane, knee board, tube or any similar device.

M. “Reckless” or “recklessly” means acting carelessly and heedlessly in a willful and wanton disregard of the rights, safety or property of another.

N. “Aquatic plants” means all marine-based vegetation whether alive or dead, including, but not limited to, lilies, pond weeds, and milfoil.

O. “Emergent vegetation” means all aquatic plants that are not more than three feet below the water surface, and all aquatic plants that in any manner extend or project above the water surface or in any manner breach the water surface. (Ord. 1469 §§ 3, 4 (Exh. A) (part), 2014: Ord. 1287 §§ 5, 6, 2004; Ord. 1265 § 1, 2003; Ord. 1213 § 1, 2001; Ord. 1212 § 1, 2001; Ord. 1207 § 2, 2001; Ord. 1012 § 1, 1995; Ord. 991 §§ 2, 3, 8, 9, 1994; Ord. 928 § 2, 1991; Ord. 924 § 2, 1991; Ord. 653 § 4, 1980).

8.32.040 Compliance with United States Coast Guard regulations and rules.

It is unlawful in the city to operate or offer for rent any watercraft which is in violation of the following United States Coast Guard regulations and rules, copies of which are on file with the city clerk:

A. Numbering, 33 Code of Federal Regulations (hereinafter CFR) 173.11-35;

B. Equipment Requirements, 33 CFR 175;

C. Safe Loading, 33 CFR 183.31-43;

D. Safe Powering, 33 CFR 183.51-67;

E. Navigation Lights and Shapes, Whistles, Fog Horns, Fog Bells, and Gongs, 46 CFR 25.05;

F. Life Preservers and Other Life Saving Equipment, 46 CFR 25.25;

G. Fire Extinguishing Equipment, 46 CFR 25.30;

H. Back Fire Flame Control, 46 CFR 25.35;

I. Ventilation, 46 CFR 25.40;

J. “U.S. Coast Guard Navigation Rules, International Inland,” as set forth in CG 169, dated May 1, 1977. (Ord. 1469 §§ 3, 4 (Exh. A) (part), 2014: Ord. 653 § 5, 1980).

8.32.050 Negligent operation.

Repealed by Ord. 1142. (Ord. 653 § 6, 1980).

8.32.055 Negligent operation of a watercraft.

A. A person shall not operate a watercraft in a negligent manner. Activities that constitute negligent operation include, but are not limited to:

1. Operating a watercraft at an excessive speed or weaving through congested watercraft traffic;

2. Jumping the wake of another watercraft within one hundred feet of said watercraft or when visibility around the watercraft is obstructed or restricted;

3. Becoming airborne or completely leaving the water while crossing the wake of another watercraft within one hundred feet of the watercraft creating the wake;

4. Operating at greater than a slow/no-wake speed within one hundred feet of a marked swim area, swim float, swimmers, surfers, persons engaged in angling, any manually powered watercraft, or any anchored, moored, or drifting watercraft;

5. Operating contrary to navigation rules including following too closely to another watercraft, including a personal watercraft. For the purposes of this subsection, “following too closely” means proceeding in the same direction and operating at a speed in excess of ten miles per hour within one hundred feet of the front and rear or fifty feet to the side of another watercraft which is underway, unless the watercraft are operating in a narrow channel, in which case the watercraft may operate at the speed and flow of the other traffic in the channel;

6. Operating a watercraft upon the waters of the city while an occupant of the watercraft is riding, sitting, or standing on the gunwales or on the decking over the bow of the watercraft while the watercraft is moving unless the occupant is utilizing appropriate seating, guards, or railing in such area. Nothing in this subsection shall prohibit a person from standing on the deck or over the bow of the watercraft while fishing or trolling for fish or for purposes of mooring the watercraft or casting off the watercraft to or from any buoy, float, or dock, or from standing on the deck over the bow of the watercraft for any other necessary purpose for the operation of said watercraft;

7. Chasing or harassing wildlife;

8. Operating through emergent vegetation at other than a slow/no-wake speed;

9. Operating in any manner that is not reasonable and prudent given the conditions that the operator is or should be aware of at the time of said operation.

B. Subsection A of this section shall not apply to a performer engaged in a professional exhibition or a person participating in a regatta, race, marine parade, or exhibition authorized or otherwise permitted by the appropriate agency having jurisdiction and authority to authorize such events.

C. A person shall not operate a watercraft in a reckless manner. For the purposes of this section, “reckless” means the willful and wanton performance of any of the actions described in subsection A of this section. (Ord. 1469 §§ 3, 4 (Exh. A) (part), 2014: Ord. 1213 § 2, 2001; Ord. 1207 § 3, 2001: Ord. 1012 § 2, 1995).

8.32.060 Operation of a vessel in a reckless manner.

Repealed by Ord. 1142. (Ord. 991 § 4, 1994: Ord. 653 § 7, 1980).

8.32.070 Age restrictions.

It is unlawful for a minor under the age of sixteen to operate a motorized watercraft or for any person to authorize or knowingly permit such a minor to operate a motorized watercraft, except:

A. When such minor is fourteen years of age or older and is accompanied by an individual who is at least eighteen years of age and who is presently physically capable of safely operating such a motorized watercraft.

B. When the minor is ten years of age or older and the motorized watercraft has an engine of fifteen horsepower or less. (Ord. 1469 §§ 3, 4 (Exh. A) (part), 2014: Ord. 1242 § 2, 2002: Ord. 1213 § 3, 2001: Ord. 1207 § 4, 2001; Ord. 1012 § 3, 1995: Ord. 653 § 8, 1980).

8.32.075 Identification.

Operators are required to carry photo identification when operating a motorized watercraft on Lake Chelan. (Ord. 1469 §§ 3, 4 (Exh. A) (part), 2014: Ord. 1213 § 4, 2001).

8.32.080 Mooring and anchorage restrictions.

A. It is unlawful to moor, dock or berth a watercraft to any fixed or floating structure:

1. Which is privately owned, without the owner’s permission; or

2. Which delineates or is a portion of a designated swimming area.

B. It is unlawful to anchor any watercraft within any established channel or heavily traveled area, except:

1. When such watercraft is anchored in an established anchorage area;

2. When such watercraft poses no obstacle to the free movement and safety of other watercraft or persons; and

3. When such watercraft displays a white light in compliance with the United States Coast Guard regulations identified in Section 8.32.040. (Ord. 1469 §§ 3, 4 (Exh. A) (part), 2014: Ord. 653 § 9, 1980).

8.32.085 Floating businesses – Prohibited.

A. It is unlawful to do business within the city when the place from which the business is conducted is a floating apparatus located on the waters of Lake Chelan or the Chelan River within the city limits. This shall include, but not be limited to, the operation of a boat, raft, or personal watercraft rental business from a floating apparatus located on the waters of Lake Chelan or the Chelan River within the city limits.

B. For purposes of this section, a “floating apparatus” shall include watercraft, rafts and all other like structures or edifices that are free-floating or powered, whether stationary or nonstationary.

C. This section shall not apply to:

1. Watercraft in the business of transporting passengers;

2. Seaplanes;

3. Properly permitted water trampoline businesses;

4. Floating docks attached to the shore. (Ord. 1469 §§ 3, 4 (Exh. A) (part), 2014: Ord. 1201 § 1, 2001).

8.32.090 Rental of motorized watercraft.

A. Any person engaged in the business of renting motorized watercraft shall keep a record of the name and address of the person or persons hiring any motorized watercraft, the motorized watercraft’s identification number, the departure time, and the expected time of return. The record shall be preserved for at least two years and shall be available for inspection by the chief law enforcement officer at all reasonable hours.

B. Any motorized watercraft offered for rent to the public may be inspected by the chief law enforcement officer at least once each year for determining compliance with all applicable laws and regulations.

C. All rental motorized watercraft, including personal watercraft, shall prominently display the name of the business on the motorized watercraft. (Ord. 1469 §§ 3, 4 (Exh. A) (part), 2014: Ord. 1287 § 5, 2004; Ord. 1242 § 3, 2002; Ord. 653 § 10, 1980).

8.32.095 Watercraft launches.

A. Nonpermitted commercial launches at any public launch facility within city limits shall be prohibited.

B. The provisions of this section shall not apply to the following:

1. Commercial ferries and barges transporting the public and/or goods which are licensed by Washington State to operate as commercial watercraft shall be exempt from this restriction;

2. City permits for concessionaires;

3. Marine repair service;

4. Boat sales.

C. Public launch users who create a line shall implement the following to relieve congestion:

1. They will not perform orientation or instruction while in line;

2. Those who arrive at the front of the line shall immediately move to the end of the line if all the watercraft to be collected are not presently tied to the dock and ready for loading. (Ord. 1469 §§ 3, 4 (Exh. A) (part), 2014: Ord. 1207 § 5, 2001).

8.32.100 Operation in restricted water.

A. No person shall operate a watercraft or sailboat within one hundred feet of a water area which has been clearly marked with buoys, skindiving markers, or some other distinguishing markers as a bathing, swimming, skindiving, or otherwise restricted area.

B. Commercial launches within one thousand feet of the city water intake shall be prohibited.

C. The provisions of this section shall not apply to emergency watercraft responding to an emergency or in pursuit of an actual or suspected violator of the law. (Ord. 1469 §§ 3, 4 (Exh. A) (part), 2014: Ord. 1207 § 6, 2001: Ord. 653 § 11, 1980).

8.32.110 Water skiing.

A. For purposes of this section, any person who operates a watercraft which has in tow another person or persons on water skis, aquaplane or other similar watercraft, and any person who operates such water skis, aquaplane or similar watercraft in tow behind a watercraft is engaged in water skiing.

B. It is unlawful for any person to engage in water skiing unless:

1. Such watercraft is occupied by at least an operator and an observer. The observer shall continuously observe the person or persons being towed and shall display a flag immediately after the towed person or persons fall into the water, and during the time preparatory to skiing while the person or persons are still in the water. Such flags shall be a bright red or brilliant orange color, measuring at least twelve inches square, mounted on a pole, not less than twenty-four inches long and displayed as to be visible from every direction.

2. Such water skiing is done between sunrise and sunset.

3. Such water skiing is done in a careful and prudent manner and at a reasonable distance from persons and property. Unless conditions of the water, congestion, weather or other circumstances demand a greater distance, a reasonable distance shall be not less than one hundred feet from any person, watercraft, swimming dock or float, boat moorage, buoyed area, skindiving water area or similarly restricted area.

4. Such water skiing shall be performed in such a way as not to cause the water skis, aquaplane or similar watercraft or any person thereon to collide with or strike against any person or object, other than a jumping ramp or in conjunction with skiing over a slalom course.

5. Such person or persons engaged in or attempting to engage in water skiing, or operating or riding on a personal watercraft, are wearing an adequate and effective United States Coast Guard approved type I, II, III, or V personal flotation device in good and serviceable condition and of appropriate size, or a wetsuit that is approved for personal flotation by the United States Coast Guard. An inflatable flotation device does not satisfy the requirements of this section.

6. Repealed by Ord. 1207.

7. Repealed by Ord. 1207.

8. Repealed by Ord. 1207.

9. Water skiing is prohibited on that part of Lake Chelan so designated by marked no-wake buoys. In areas not specifically designated by such buoys, the no-wake zone extends out to one hundred yards from the shoreline.

10. No person engaged in water skiing either as an operator, observer or skier, shall conduct himself/herself in a reckless manner that willfully or wantonly endangers or is likely to endanger any person or property.

11. Subsections (B)(1) through (B)(5) of this section shall not apply to a performer engaged in a professional exhibition or a person participating in a regatta, race, marine parade, or exhibition authorized or otherwise permitted by the appropriate agency having jurisdiction and authority to authorize such events. (Ord. 1469 §§ 3, 4 (Exh. A) (part), 2014: Ord. 1207 §§ 7 – 10, 2001; Ord. 991 § 10, 1994; Ord. 924 § 3, 1991: Ord. 873 § § 1, 2, 1989; Ord. 653 § 12, 1980).

8.32.115 Personal watercraft.

A person shall not operate a personal watercraft unless each person aboard the personal watercraft or being towed behind the personal watercraft is wearing a United States Coast Guard approved type I, II, III, or a V personal flotation device. An inflatable personal flotation device does not satisfy the requirements of this section.

A. A person operating a personal watercraft equipped by the manufacturer with a lanyard-type engine cutoff switch shall attach the lanyard to his or her person, clothing, or personal flotation device, as appropriate for the specific personal watercraft. It is unlawful for any person to remove or disable a cutoff switch or spring loaded throttle mechanism that was installed by the manufacturer.

B. It is unlawful for any person to authorize or knowingly permit a person under the age of sixteen to operate a personal watercraft unless the minor is fourteen years of age or older and is accompanied by an individual who is at least eighteen years of age and who is capable of operating a personal watercraft.

C. A person shall not operate a personal watercraft:

1. While towing a person on water skis, a kneeboard, an inflatable craft or any other device unless the personal watercraft is rated by the manufacturer to carry at least three persons, and an operator and observer are aboard the personal watercraft;

2. To chase or harass wildlife;

3. Through emergent vegetation at other than a slow/no-wake speed;

4. In any other manner that is not reasonable and prudent.

D. No person shall operate a personal watercraft on Lake Chelan during the period from sunset until sunrise.

E. It shall be unlawful for a person to lease, hire or rent a personal watercraft to any person under eighteen years of age.

F. Subsections A through D of this section shall not apply to a performer engaged in a professional exhibition or a person participating in a regatta, race, marine parade, or exhibition authorized or otherwise permitted by the appropriate agency having jurisdiction and authority to authorize such events. (Ord. 1242 § 4, 2002; Ord. 1207 § 11, 2001).

8.32.120 Races and regattas.

A. It is unlawful to hold regattas, watercraft races, tournaments or exhibitions, water ski tournaments or other similar events in the city, unless prior authorization is first obtained from the chief law enforcement officer. Applicants desiring to sponsor such events shall apply to the chief law enforcement officer at least thirty days in advance of the commencement of such events for a permit. Such applications shall be submitted on forms provided by the chief law enforcement officer and shall specify the following:

1. The waters and general area where the event shall be held;

2. The buoys or other marking devices the applicant shall place upon the waters to set off any race course or other area;

3. The provisions made by the applicant for patrolling to protect the course or other area;

4. The provisions made by the applicant for patrolling to prevent the unauthorized entry into the area of nonparticipants;

5. The provisions proposed to insure the safety of participants and others from injury or damages;

6. The dates of such events, including the dates of trial practice or preliminary events; and

7. Such other information as the chief law enforcement officer may require to fully inform him or her of the nature and extent of such event.

B. Each application shall be accompanied by a permit fee of fifty dollars and a cash bond of not less than five hundred dollars, payable to the city, to ensure that requirements for markers, rescue equipment or other safety conditions stated in the application finally approved are actually provided and removed upon event completion.

C. As part of the application, the applicant shall submit a certificate of insurance evidencing that the applicant maintains general liability insurance coverage with a policy limit of not less than one million dollars per occurrence/aggregate. Before an application may be approved, the certificate of insurance must provide that the city is an additional named insured on said liability policy. In addition, the applicant shall execute such hold harmless and indemnification agreements as requested by the city.

D. Within ten days after receiving such application, if adequate provisions are made for the safety of the participants and the general public, the chief law enforcement officer may issue a permit for such events. Such permit shall be issued subject to the condition that the applicant will fulfill the provisions specified in the application finally approved, and subject to such other conditions the chief law enforcement officer may impose, including time restrictions, due consideration being given to the use by the public. If at any time the sponsors or participants in such event violate any of the conditions contained in the application, such permit may be immediately revoked by the chief law enforcement officer for public safety purposes.

E. When the event includes the use of portions of Lake Chelan both inside and outside the city, a city permit shall be required.

F. The applicant shall be solely responsible for the safety and well being of all persons and property engaged in the event. The applicant, not the city, shall provide for the control and supervision of the event’s participants.

G. The provisions of this section shall not exempt any person from compliance with applicable state and federal laws and regulations. (Ord. 1469 §§ 3, 4 (Exh. A) (part), 2014: Ord. 1287 § 5, 2004; Ord. 1012 § 7, 1995: Ord. 653 § 13, 1980).

8.32.122 Hydroplanes.

A. It is unlawful to operate or test hydroplanes or other high performance motorized watercraft on the waters of Lake Chelan within the city unless the owner thereof has first obtained an annual permit for this activity for a fee of fifty dollars per motorized watercraft.

B. A completed permit application shall include such items as requested on the application form provided by the chief law enforcement officer and the applicant shall submit a certificate of insurance evidencing that the applicant maintains general liability insurance coverage with a policy limit of not less than one million dollars per occurrence/aggregate. Before an application may be approved, the certificate of insurance must provide that the city is an additional named insured on said liability policy. In addition, the applicant shall execute such hold harmless and indemnification agreements as requested by the city.

C. Prior to any hydroplane or other high performance motorized watercraft being operated, the owner must:

1. Notify the chief law enforcement officer at least fourteen days prior to the operation date and complete a permit application;

2. Receive the written approval of the chief law enforcement officer to operate or test the hydroplane or other high performance motorized watercraft on the designated day; and

3. Register the operator who must be a member in good standing of the American Power Boat Association.

D. The chief law enforcement officer must authorize the operation or test of the hydroplane or other high performance motorized watercraft, unless in his or her opinion:

1. A traffic condition of the lake would present a hazard to other boaters or swimmers;

2. Weather conditions would present a hazardous condition;

3. Undue noise as defined in Chapter 8.30 of this code would become burdensome to the residents of the city;

4. The operator has failed to demonstrate the proper care and regard for the public; or

5. The safety of persons and property on or adjacent to Lake Chelan in the city may be in jeopardy.

E. Hydroplane and high performance motorized watercraft operation and testing must be done only in the area approved by the chief law enforcement officer. The chief law enforcement officer is authorized to amend and alter the operating location from time to time as the safety and welfare of the public might require. Testing shall be done during daylight hours only, Monday through Friday from the second Monday after Labor Day to the third Friday in May of each year and with at least two owner-provided patrol boats present for safety purposes. Hydroplanes and high performance motorized watercraft may be transported to the test area at the slowest practical speed. (Ord. 1469 §§ 3, 4 (Exh. A) (part), 2014: Ord. 1287 § 5, 2004; Ord. 1144 § 1, 1999; Ord. 1012 § 8, 1995).

8.32.130 Speeding restrictions.

A. Except as otherwise provided, no watercraft shall be operated at a speed in excess of the slow minimal wake speed.

B. Watercraft may be operated at a speed in excess of the slow minimal wake speed, if:

1. The watercraft is not operated within one hundred yards of any shoreline or pier;

2. The speed is reasonable and prudent under the conditions and having regard for actual and potential hazards;

3. The watercraft is not operated on that part of Lake Chelan so designated by marked no-wake buoys. In areas not specifically designated by such buoys, the no-wake zone extends out to one hundred yards from the shoreline.

C. The provisions of this chapter restricting speed shall not apply to any authorized emergency watercraft responding to an emergency or in pursuit of an actual or suspected violator of the law. (Ord. 1469 §§ 3, 4 (Exh. A) (part), 2014: Ord. 1207 § 12, 2001; Ord. 1052 § 1, 1996; Ord. 1049 § 1, 1996; Ord. 1012 § 4, 1995; Ord. 924 § 4, 1991; Ord. 788 § 1, 1986: Ord. 750 § 1, 1985: Ord. 653 § 14, 1980).

8.32.140 Depositing refuse, litter and sewage prohibited.

It is unlawful for any person to deposit refuse, foreign matter, litter or inadequately treated sewage and/or human waste in the waters of the city. Such sewage and/or human waste may be discharged into said waters only if adequately treated by a device or facility approved by the Chelan-Douglas Health District. Unless a watercraft has a current certificate of approval on board from the Chelan-Douglas Health District for such device or facility, the marine toilet must be kept sealed while on the waters of the city. (Ord. 1469 §§ 3, 4 (Exh. A) (part), 2014: Ord. 653 § 15, 1980).

8.32.150 Accident reports.

A. Every accident involving a watercraft in the waters of this city resulting in personal injury or in property damage in excess of five hundred dollars shall be reported to the Chelan County sheriff by the operator of the watercraft. The chief law enforcement officer or his or her designee shall then prepare an appropriate report and forward that information to the Washington State Parks and Recreation Commission.

B. The operator of any watercraft involved in an accident resulting in injury or death to any person or damage to property, shall immediately stop at the scene and exchange his name, address, the name and number of his watercraft with the other parties, and shall render reasonable assistance to any person who has been injured or whose watercraft has been disabled. (Ord. 1469 §§ 3, 4 (Exh. A) (part), 2014: Ord. 1287 §§ 5, 6, 2004; Ord. 1012 § 5, 1995; Ord. 991 § 5, 1994; Ord. 653 § 16, 1980).

8.32.160 Scuba diving and swimming.

A. Scuba Diving.

1. Persons engaging in scuba diving shall mark the area in which such operations are being conducted by the use of a diver’s flag which can be seen during daylight diving from a distance of not less than one hundred yards.

2. A diver’s flag is a red and white diagonal striped flag at least twelve inches by twelve inches in size or any other flag approved by a state or federal agency.

3. If diving operations are to be conducted during nondaylight hours, the diver’s flag must be illuminated and visible from a distance of one mile.

4. It is unlawful to scuba dive for recreational purposes within one hundred yards of any ferry slip, public moorage, or public boat ramp.

5. It is unlawful to operate a watercraft in excess of the slow minimal wake speed within two hundred feet of a diver’s flag.

B. Swimming.

1. Swimming shall be restricted to areas designated for swimming and areas within one hundred feet from a pier, the shore, or a watercraft accompanying the swimmer;

2. Except in an emergency, swimming is prohibited at all times within one hundred feet of boat launching areas and the Lakeshore Marina, unless swimming takes place within a designated swimming area. (Ord. 1469 §§ 3, 4 (Exh. A) (part), 2014: Ord. 1012 § 6, 1995: Ord. 653 § 17, 1980).

8.32.165 Diving from bridges prohibited.

A. No person shall jump, dive or in any similar manner enter the water of the Chelan River and/or Lake Chelan from any bridge.

B. No parent shall knowingly allow a minor person to jump, dive or in any similar manner enter the water of the Chelan River and/or Lake Chelan from any bridge. For purposes of this subsection, a “parent” means the natural parent, foster parent, adopted parent or stepparent of a minor person; and a “minor person” means any unemancipated person under the age of 18 years. (Ord. 1490 § 1, 2015: Ord. 681 § 1, 1981).

8.32.170 Water traffic pattern.

Repealed by Ord. 1207. (Ord. 653 § 18, 1980).

8.32.175 Duty to obey law enforcement officer.

A. Any person requested or signaled to stop by a person identifiable as a law enforcement officer for any violation of this chapter has a duty to stop. The signal given by the officer may be by hand, voice, emergency light, siren, or any combination thereof.

B. No person shall willfully fail or refuse to comply with any lawful order or direction of any reasonably identifiable law enforcement officer invested by law with authority to direct, control, or regulate traffic upon all waterways of the city of Chelan.

C. Any person requested to identify himself or herself to a person reasonably identifiable as a law enforcement officer pursuant to an investigation under this chapter has a duty to identify himself or herself, give his or her current address, and sign an acknowledgment of receipt of notice of violation.

D. Any person who refuses to comply with any requirements of this section is guilty of a misdemeanor, punishable as set forth in Section 1.24.010. (Ord. 1469 §§ 3, 4 (Exh. A) (part), 2014: Ord. 1213 § 5, 2001).

8.32.180 Enforcement.

A. It shall be the duty of chief law enforcement officer and the Chelan County sheriff to enforce the provisions of this chapter.

B. The Chelan County sheriff or any duly appointed deputy sheriff, or reserve deputy sheriff of Chelan County, when operating pursuant to written permission of the chief law enforcement officer of the city and/or existing or future interlocal agreements executed by and between the city of Chelan and Chelan County, is authorized to enforce all of the provisions of this chapter and is specifically authorized to issue citations and summons and to make arrest hereunder for and on behalf of the city.

C. When a violation of this chapter is made in the presence of a city of Chelan or Chelan County law enforcement officer or on-duty reserve officer, he or she may board any watercraft and, depending upon the nature of the violation, may cite or arrest the violator. In all other cases, arrest for violation of the misdemeanor provisions of this chapter shall be made pursuant to a warrant.

D. Any city of Chelan or Chelan County law enforcement officer or on-duty reserve officer shall have authority to stop and board any watercraft for the purpose of inspection or determining compliance with this chapter. (Ord. 1469 §§ 3, 4 (Exh. A) (part), 2014: Ord. 1287 §§ 5, 6, 2004; Ord. 1142 § 3, 1999; Ord. 1012 § 9, 1995: Ord. 653 § 19, 1980).

8.32.190 Motorized watercraft restrictions.

The chief law enforcement officer shall annually prepare and post public notices adjacent to public launching ramps and docks so as to reasonably inform the boating public of the restrictions as set forth in this chapter. (Ord. 1469 §§ 3, 4 (Exh. A) (part), 2014: Ord. 1287 § 5, 2004; Ord. 1207 § 14, 2001: Ord. 991 § 6, 1994: Ord. 653 § 20, 1980).

8.32.191 Lake Chelan Park beaching restrictions.

A. Motorized Watercraft. Except for emergency situations, and except as otherwise provided in this chapter, the beaching of motorized watercraft is prohibited on all beach areas of all city parks.

B. Nonmotorized Watercraft. Beaching of nonmotorized watercraft is permitted only in the area designated by signs and buoys placed by the city parks director or designee identifying a beach area of approximately three hundred linear feet at Don Morse Park and subject to the following restrictions, which will be strictly enforced:

1. Beaching is authorized between the hours of six a.m. through eight p.m.;

2. Beaching is limited to three hours;

3. Nonmotorized watercraft shall approach the beach at a slow minimal wake speed; and

4. Possession and use of alcohol according to Section 9.22.020 shall apply. (Ord. 1469 § 5, 2014: Ord. 1047 § 1, 1996).

8.32.195 Area restrictions.

Except for emergency situations and preapproved special events authorized in accordance with Section 8.32.120, the launching, retrieving, docking or beaching of watercraft (all collectively referred to herein as “use”) shall be prohibited or limited as set forth below:

A. Lakeside Park.

1. Use. Use at Lakeside Park shall only be permitted in the following areas:

a. The area designated by signs erected by the city recreation department identifying a boat launch located at the end of Terrace Avenue;

b. The “T” dock.

2. Times of Use. Use at Lakeside Park is prohibited during the period commencing 12:01 a.m. on the Wednesday prior to Memorial Day and ending at 12:01 a.m. on the second Monday following Labor Day, except as follows:

a. Watercraft in use due for a retrieval of a disabled watercraft, or the rescue of any person;

b. Watercraft traveling to and docking at the “T” dock, provided such docking is limited to fifteen minutes to load and unload passengers and materials.

B. Water Street. Use at the beach area on Lake Chelan opposite the alley on Water Street between Woodin and Terrace Avenues shall be prohibited. This prohibition does not apply to nonmotorized watercraft. (Ord. 1469 § 6, 2014: Ord. 1265 § 2, 2003: Ord. 1029 § 1, 1996; Ord. 987 § 1, 1994: Ord. 928 § 1, 1991).

8.32.196 Transportation of aquatic plants.

A. It is unlawful to remove aquatic plants from Lake Chelan by any means.

B. It is unlawful for any person to place a trailer or any watercraft or any type of vehicle with aquatic plants attached into the waters of the city of Chelan.

C. This section does not apply to any watercraft or vehicle involved or engaged in the lawful harvesting of aquatic plants for weed control purposes. (Ord. 1469 §§ 3, 4 (Exh. A) (part), 2014: Ord. 1213 § 6, 2001: Ord. 1207 § 15, 2001).

8.32.200 Citation for violation – Promise to appear.

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 the custody of such arresting officer and so remain or be placed in confinement. (Ord. 653 § 21, 1980).

8.32.210 Penalty for violation.

A. The penalties set forth in this section shall not apply to Section 8.32.015 of this chapter.

B. Violation of the following sections of this chapter shall constitute a misdemeanor subject to penalty pursuant to the general penalty provision set forth in Section 1.24.010 of this code, as now exists or as may be hereafter amended:

1. Section 8.32.070, age restrictions;

2. Section 8.32.085, floating businesses prohibited;

3. Section 8.32.110(B)(2), water skiing between sunset and sunrise;

4. Section 8.32.110(B)(10), water skiing in a reckless manner;

5. Section 8.32.115(A), failure to wear lanyard/or removal of cutoff switch;

6. Section 8.32.115(B), minor operating a personal watercraft;

7. Section 8.32.115(C)(2), chasing/harassing wildlife;

8. Section 8.32.115(D), operating a personal watercraft from sunset to sunrise;

9. Section 8.32.115(E), lease, hire or rent a personal watercraft to any person under the age of eighteen.

C. Any other violation of this chapter not specifically referenced in subsections A or B of this section shall constitute a civil infraction subject to a maximum penalty of two hundred dollars, not including statutory assessments which shall be assessed in addition to any penalty. (Ord. 1222 § 1, 2001; Ord. 1207 § 16, 2001; Ord. 1201 § 2, 2001; Ord. 1142 § 4, 1999: Ord. 991 § 7, 1994: Ord. 653 § 22, 1980).