Chapter 4.06
RECREATIONAL VESSEL REGULATIONS*
Sections:
4.06.010 Application of regulations.
4.06.020 Revised Code of Washington provisions adopted by reference.
4.06.030 Washington Administrative Code provisions adopted by reference.
4.06.040 Definitions.
4.06.050 Motor-powered vessels prohibited – Exception.
4.06.060 Required distance from motor-powered vessels to swimmers and other vessels.
4.06.070 Dumping trash in lakes prohibited.
4.06.080 Floating objects adrift.
4.06.090 Sunken vessels.
4.06.100 Intoxication.
4.06.110 Incapacity of operator.
4.06.120 Accidents.
4.06.130 Accident reports.
4.06.140 Vessel operation within or bordering park property.
4.06.150 Restricted areas.
4.06.160 Swimming – Lake Meridian.
4.06.170 Skin diving.
4.06.180 Water skiing.
4.06.190 Lake Fenwick – Motor-powered vessel prohibited – Exception.
4.06.200 Lake Meridian – Motor-powered vessel restrictions – Water skiing and personal watercraft operation.
4.06.210 Personal flotation devices, equipment, and navigation lights.
4.06.220 Oil.
4.06.230 Nuisances.
4.06.240 Public health.
4.06.250 Liability for damages.
4.06.260 Authorized emergency and patrol vessels.
4.06.270 Directing traffic, restricting vessel speed, suspending activities, emergency powers.
4.06.280 Penalties.
4.06.290 Authority of officers to board vessels.
4.06.300 Interlocal cooperation.
4.06.310 Enforcement.
*Editor’s note – Ordinance No. 3342, § 1, adopted April 2, 1997, amended chapter 4.06 to read as herein set out. Formerly, such chapter pertained to boating regulations and derived from Ord. No. 3248, § 1, 11-7-95; Ord. No. 3280, § 1, 3-5-96; Ord. No. 3291, § 1, 4-18-96.
4.06.010 Application of regulations.
The provisions of this chapter shall be applicable to all recreational vessels and related uses in and upon all lakes within the geographical boundaries of the city of Kent. The provisions of this chapter shall be construed to supplement United States laws and state laws and regulations when not expressly inconsistent therewith.
(Ord. No. 3342, § 1, 4-2-97)
4.06.020 Revised Code of Washington provisions adopted by reference.
A. The following provisions of Chapter 88.02 RCW entitled “Vessel Registration,” as currently enacted or later amended, are hereby adopted by reference and incorporated herein:
RCW
88.02.020 Registration and display of registration number and decal prerequisite to ownership or operation of vessel – Exemptions.
88.02.025 Registration of vessels numbered under the Federal Boat Safety Act.
88.02.030 Exceptions from vessel registration – Use of excess document identification fee for boating safety programs – Rules.
88.02.090 Inspection of registration – Violation of chapter.
88.02.110 Penalties – Disposition of moneys collected – Enforcement authority.
B. The following provisions of Chapter 79A.60 RCW entitled “Regulation of Recreational Vessels,” as currently enacted or later amended, are hereby adopted by reference and incorporated herein:
RCW
79A.60.010 Definitions.
79A.60.020 Violations of chapter punishable as misdemeanor – Circumstances – Violations designated as civil infractions.
79A.60.030 Operation of vessel in a negligent manner – Penalty.
79A.60.040 Operation of vessel in a reckless manner – Operation of a vessel under the influence of intoxicating liquor – Penalty.
79A.60.080 Failure to stop for law enforcement officer.
79A.60.100 Enforcement – Chapter to supplement federal law.
79A.60.110 Equipment standards – Rules – Penalty.
79A.60.120 Tampering with vessel lights or signals – Exhibiting false lights or signals – Penalty.
79A.60.130 Muffler or underwater exhaust system required – Exemptions – Enforcement – Penalty.
79A.60.140 Personal flotation devices – Inspection and approval – Rules.
79A.60.150 Failure of vessel to contain required equipment – Liability of operator or owner – Penalty.
79A.60.160 Personal flotation devices required – Penalty.
79A.60.170 Water skiing safety – Requirements.
79A.60.180 Loading or powering vessel beyond safe operating ability – Penalties.
79A.60.190 Operation of personal watercraft – Prohibited activities – Penalties.
4.06.030 Washington Administrative Code provisions adopted by reference.
The provisions of Chapter 352-60 WAC, as currently enacted or later amended, are hereby adopted by reference and incorporated herein.
4.06.040 Definitions.
For the purpose of this chapter, in addition to the definitions set forth in RCW 79A.60.010 adopted in KCC 4.06.020, the following terms shall have the meaning ascribed in this section:
Authorized emergency vessel means any authorized vessel of the city’s police or fire departments, the United States government, and state of Washington authorized patrol boats or vessels.
Boat basin means the submerged waters surrounding the boat launch ramp and boarding float through which boats travel for the purpose of entering and exiting lake waters.
City means the city of Kent.
Obstruction means any matter which may in any way blockade, interfere with, or endanger any vessel or impede navigation including but not limited to rafts, log booms, trees, lumber, and other similar material or objects.
Oil means any oil or liquid, whether of animal, vegetable, or mineral origin, or a mixture, compound, or distillation thereof.
Person, when necessary, means and includes natural persons, associations, co-partnerships, and corporations, whether acting by themselves or by a servant, agent, or employee; the singular number, when necessary, means the plural, and the masculine pronoun includes the feminine.
Pier means any pier, wharf, dock, float, gridiron, or other structure to promote the convenient loading or unloading or other discharge of a vessel, or the moorage of a vessel.
Police or police department means the police department of the city of Kent.
Restricted area means an area that has been marked in accordance with and as authorized by the law or regulations of the city, to be used for certain designated purposes such as swimming and aquatic events or otherwise closed to use by vessels, the method of marking and designation of which shall have been made by the city in accordance with the provisions of this chapter.
Skin diving means any free swimming person and/or any person who uses an artificial or mechanical means to replace his or her air, including self-contained underwater breathing apparatus (SCUBA diving), snorkel tube equipment, and free diving gear.
Vessel includes, but is not limited to, rowboat, sailboat, sailboard, canoe, kayak, powerboat, ski boat, personal watercraft, and other similar watercraft.
(Ord. No. 3342, § 1, 4-2-97; Ord. No. 3693, § 3, 6‑1-04; Ord. No. 3886, § 4, 8-5-08)
4.06.050 Motor-powered vessels prohibited – Exception.
Except on lakes otherwise specifically provided for in this chapter, no motor-powered vessels shall be operated on any lake within the city.
(Ord. No. 3342, § 1, 4-2-97)
4.06.060 Required distance from motor-powered vessels to swimmers and other vessels.
Except as provided in KCC 4.06.200(A)(3), it is unlawful for any motor-powered vessel to be operated while the propeller is engaged within fifty (50) feet of any swimmer or any row boat, canoe, or other vessels.
(Ord. No. 3342, § 1, 4-2-97)
4.06.070 Dumping trash in lakes prohibited.
The dumping, depositing, placing, or leaving of any garbage, ashes, debris, brush, or other material into any lake, is prohibited.
(Ord. No. 3342, § 1, 4-2-97)
4.06.080 Floating objects adrift.
All vessels, or any other articles of value found adrift in any lake in the city, may be taken into possession and removed by the police or other authorized city official or agent and shall be subject to reclamation by the owner thereof, on payment by him or her to the city of any expenses incurred by the city and in case of failure to reclaim may be sold or disposed of according to law.
(Ord. No. 3342, § 1, 4-2-97)
4.06.090 Sunken vessels.
When any vessel or obstruction has been sunk or grounded, or has been delayed in such manner as to stop or seriously interfere with or endanger navigation, the 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 police or other authorized city official or agent may take immediate possession thereof and remove the same, using such methods as in his or her judgment will prevent unnecessary damage to such watercraft or obstruction, and the expense incurred by the city in such removal shall be paid by the owner or other person in charge of such vessel or obstruction; and in case of failure to pay the same, the city may maintain an action for the recovery thereof.
(Ord. No. 3342, § 1, 4-2-97)
4.06.100 Intoxication.
A. It is unlawful for the owner of any vessel or any person having charge or control of such to authorize or knowingly permit the same to be operated by any person who is under the influence of intoxicating liquor or drugs.
B. 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 drug is about to operate a vessel in violation of subsection (A) above, said officer may take reasonable measures to prevent any such person from so doing.
C. A violation of this section shall constitute a misdemeanor as defined in this chapter.
(Ord. No. 3342, § 1, 4-2-97)
4.06.110 Incapacity of operator.
It is unlawful for the owner of any vessel or any person having charge or control of such 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 under the prevailing circumstances.
(Ord. No. 3342, § 1, 4-2-97)
4.06.120 Accidents.
The operator of any vessel involved in an accident resulting in injury or death to any person or in damage to property shall immediately stop such vessel at the scene of such accident and shall give his or her name, address, and the name and/or number of his or her vessel, and the name and address of the owner, to the person struck or the operator or occupants of the vessel collided with or property damaged, and shall render to any person injured in such accident reasonable assistance.
(Ord. No. 3342, § 1, 4-2-97)
4.06.130 Accident reports.
The owner or operator of any watercraft shall file a written report within forty-eight (48) hours with the police department of any accident involving death or personal injury requiring medical treatment or property damage in excess of two hundred dollars ($200) in which such watercraft shall have been involved on any lake of the city.
(Ord. No. 3342, § 1, 4-2-97)
4.06.140 Vessel operation within or bordering park property.
No person shall have, keep, or operate any boat, float, raft, or vessel in or upon any lake, within the limits of any park property, or launch the same at any point upon the shores thereof bordering upon any park property, except at places set apart for such purposes by the parks and recreation department and so designated by signs.
(Ord. No. 3342, § 1, 4-2-97)
4.06.150 Restricted areas.
In the interests of safe navigation, life safety, and the protection of property, the city may designate restricted areas and the purpose for which same shall be used on any lake authorized for vessel use. No person shall operate a watercraft within a restricted area; provided, that this section shall not apply to vessels engaged in or accompanying the activity to which the area is restricted, nor to patrol or rescue craft or in the case of an emergency.
(Ord. No. 3342, § 1, 4-2-97)
4.06.160 Swimming – Lake Meridian.
A. Swimming in Lake Meridian shall be confined to:
1. Restricted swimming areas; or
2. Within a distance of fifty (50) feet from the shore, or a pier, or an occupied vessel accompanying the swimmer in the water; or
3. Those areas as may be identified by the city as the course for competitive swimming training or events; or
4. Those waters of the lake that are a distance of one hundred (100) feet away from the boat basin, the boat launch, the boarding float, and the temporary moorage associated with the boat launch.
B. Use of inflatable flotation or similar devices, not propelled by instruments such as oars and paddles, including, but not limited to, tubes, boards, and inflatable rafts, are only allowed within a distance of fifty (50) feet from shore in nondesignated swimming areas.
C. No person shall cause to be tied to any marker buoy, any watercraft, boat, or similar craft or flotation device such as a tube, board, or inflatable raft.
D. No person shall give or transmit a false signal or false alarm of drowning in any manner.
E. The parks, recreation, and community services director may establish the hours for lifeguard supervised swimming and may establish rules and regulations for use within or adjacent to designated swim areas.
4.06.170 Skin diving.
Skin diving shall be prohibited in all lakes in the city except as necessary for public employees and their agents or other authorized personnel to perform their duties or in the case of an emergency.
(Ord. No. 3342, § 1, 4-2-97)
4.06.180 Water skiing.
Water skiing is prohibited on all lakes within the city except for Lake Meridian which shall be regulated as set forth in KCC 4.06.200.
(Ord. No. 3342, § 1, 4-2-97)
4.06.190 Lake Fenwick – Motor-powered vessel prohibited – Exception.
It is unlawful to use or operate any vessel with motor power on Lake Fenwick, except electric fishing trolling motors, and except as necessary for public employees and their agents or construction company employees to perform their authorized duties or in case of an emergency.
(Ord. No. 3342, § 1, 4-2-97)
4.06.200 Lake Meridian – Motor-powered vessel restrictions – Water skiing and personal watercraft operation.
A. Generally. The following rules and regulations are adopted for the use of motor-powered vessels on Lake Meridian:
1. It is unlawful to use or operate any vessel powered by motor power on Lake Meridian, except that vessels with the following engines will be permitted:
a. Water-cooled outboard engines of stock manufacture or stock manufactured inboard engines with outboard drive units (inboard/outboards) which vent all exhaust gases through the lower drive unit in conjunction with cooling water and/or vent at a point on the drive unit which is under water at all times; or water-cooled direct drive inboard engines equipped with a muffler or silencer of sufficient size and capacity to effectively muffle and reduce noise similar to that of outboards and inboard/outboards. This includes both propeller and jet propulsion watercraft.
b. Air-cooled outboard or inboard engines of stock manufacture rated by the manufacturer at ten (10) horsepower or less.
c. Electric fishing trolling motors.
2. No vessel shall operate in excess of eight (8) miles per hour after 6:00 p.m. until the hour of 9:00 a.m. and not in excess of thirty-five (35) miles per hour from 9:00 a.m. to 6:00 p.m.
3. Vessels exceeding speeds of eight (8) miles per hour shall remain at least two hundred (200) feet from the shoreline and one hundred (100) feet from other vessels and swimmers and shall proceed around the lake in a counterclockwise direction.
4. All vessels operating on Lake Meridian shall carry United States Coast Guard approved personal flotation devices in good condition for each person in the vessel.
5. Motor-powered vessels operating after sundown shall be equipped with and have lit proper running lights.
6. The anchorage or moorage of unoccupied vessels is prohibited except when tied to a pier or dock with the permission of the owner of the pier or dock. However, an unoccupied vessel may only be anchored or moored to a city pier or dock while the vessel’s trailer is being parked or retrieved.
7. No remote controlled vessels powered by internal combustion engines shall operate before 9:00 a.m. or after 6:00 p.m. Additionally, such remote controlled vessels may only be operated in those areas as may be designated by the parks, recreation, and community services director, and shall not be operated within one hundred (100) feet of any fishing pier, designated swimming area, or boat launch ramp and dock.
8. Skin diving is prohibited except as necessary for public employees and their agents or other authorized personnel to perform their duties or in the case of an emergency.
9. No person shall launch a vessel or personal watercraft off a trailer and into Lake Meridian from the city-operated boat launch at Lake Meridian Park without first paying a launch fee in the amount of five dollars ($5) per launch, or an annual launch fee in the amount of fifty dollars ($50), and displaying the receipt or annual permit on the dashboard of the vehicle from which the vessel or personal watercraft was launched.
B. Water skiing. The following regulations apply to all water skiing activities as defined in RCW 79A.60.010 including, but not limited to, being towed behind a vessel on skis, an aquaplane, kneeboard, tube, or similar device:
1. Water skiing on the lake at speeds up to and including eight (8) miles per hour is permitted any time between dawn and dusk.
2. Water skiing on the lake at speeds over eight (8) miles per hour shall be limited to the hours of 9:00 a.m. to 6:00 p.m.
3. It is unlawful to water ski within three hundred (300) feet of shore except as follows:
a. From privately owned shoreline, water skiers may start at and return to shore by means of the most expeditious route;
b. From city-owned shoreline, water skiers may start or return (deep water start) from a distance of two hundred (200) feet or greater from shore but are prohibited from starting or stopping within two hundred (200) feet of shore. For purposes of this provision, city-owned shoreline includes the swimming beach and boat launching areas of the park. For purposes of starting at and returning to shore as authorized herein, water skiers may temporarily exceed the speed limit to eight (8) miles per hour.
4. All persons in vessels towing persons on water skis, tubes, surfboards, or similar contrivance shall remain seated at all times.
5. All operators of vessels having in tow or otherwise assisting a person on water skis, tubes, surfboards, or similar contrivance shall comply with KCC 4.06.060.
6. Regulations stated in this subsection shall not apply to vessels used in water ski tournaments, competitions, expositions, or trials therefor, which have been duly authorized by the city.
C. Personal watercraft. In addition to RCW 79A.60.190 adopted in KCC 4.06.020, the following regulations shall apply to personal watercraft:
1. Personal watercraft may be operated on the lake at speeds up to and including eight (8) miles per hour any day except during hours of darkness.
2. Personal watercraft may be operated on the lake at speeds in excess of eight (8) miles per hour only as follows:
a. Between the hours of 12:00 noon and 6:00 p.m.;
b. On even-numbered days of the calendar; and
c. From and including May 16 through and including September 15 of any year.
(Ord. No. 3342, § 1, 4-2-97; Ord. No. 3348, § 2, 5‑7-97; Ord. No. 3693, § 4, 6‑1-04; Ord. No. 3886, § 6, 8-5-08)
4.06.210 Personal flotation devices, equipment, and navigation lights.
All vessels operating on navigable waters in the city shall be equipped as required pursuant to the following provisions:
WAC
352-60-030 Personal flotation devices required
352-60-040 Visual distress signals
352-60-050 Ventilation
352-60-060 Navigation lights and shapes
352-60-080 Fire extinguisher required
352-60-090 Backfire flame control
(Ord. No. 3342, § 1, 4-2-97)
4.06.220 Oil.
No owner, operator, or other person in charge of any vessel, and no person along or upon the shore of the waters of the city, shall spill, throw, pump, or otherwise cause oil of any description to be or float upon the waters of the city. Any person causing oil to be upon the waters of the city as aforesaid shall remove the same and upon his or her failure to do so, the same may be removed by the city or other appropriate agency and the expense thereof shall be paid by and recoverable from the person causing said oil to be upon the water. The payment of such sum or the maintenance of an action therefor, shall not be deemed to exempt such person from prosecution for causing such oil spillage. Any willful violation of this section shall constitute a misdemeanor as defined in this chapter.
(Ord. No. 3342, § 1, 4-2-97)
4.06.230 Nuisances.
Sunken vessels, refuse of all kinds, structures, or pieces of any structure, 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 hereby 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 any lake in the city, or upon the shores thereof or in such position that same may or can be washed into said lakes of the city, either by storms, floods, or otherwise. Any person causing or permitting said nuisances to be placed as aforesaid shall remove the same and upon his or her failure to do so, the same may be removed by the city or other appropriate agency 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 therefore from prosecution hereunder. A violation of this section shall constitute a civil violation under Ch. 1.04 KCC for which a monetary penalty may be assessed and abatement may be required as provided therein. In addition to or as an alternative to enforcement under Ch. 1.04 KCC, any person who violates this section shall be guilty of a misdemeanor as provided in this chapter.
(Ord. No. 3342, § 1, 4-2-97)
4.06.240 Public health.
All vessels entering or in any lake in 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. No. 3342, § 1, 4-2-97)
4.06.250 Liability for damages.
Nothing in this chapter shall be construed so as to release any person owning or controlling any vessel, pier, obstruction, or other structure, from any liability for damages, and the safeguards to life and property required in this chapter shall not be construed as relieving any person from installing and maintaining all other safeguards that may be required by law.
(Ord. No. 3342, § 1, 4-2-97)
4.06.260 Authorized emergency and patrol vessels.
The provisions of this chapter shall be applicable to the operation of any and all vessels on any lake in the city except that they shall not apply to any emergency and patrol watercraft performing the authorized duties for which such emergency and patrol vessels were established.
(Ord. No. 3342, § 1, 4-2-97)
4.06.270 Directing traffic, restricting vessel speed, suspending activities, emergency powers.
A. The police are hereby authorized to direct all vessel traffic on Lake Meridian 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 vessel traffic, or to prevent or eliminate congestion or to safeguard persons or property, such officers, and other authorized officers of appropriate governmental agencies or authorities, may direct vessel traffic as conditions may require, notwithstanding the provisions of this chapter.
B. The parks director, or his or her designee, may restrict vessel speed or suspend any or all vessel activities on Lake Meridian due to conditions on the lake such as flooding, high water, or other events, conditions, or occurrences when, in the discretion of the parks director, such is deemed necessary to protect persons or property from injury or damage.
(Ord. No. 3342, § 1, 4-2-97)
4.06.280 Penalties.
The following penalties shall apply for violations of this chapter:
A. Civil infraction. Except as provided in subsections (B) and (C) of this section, a violation of any of the provisions of this chapter shall constitute a class 3 civil infraction in accordance with RCW 7.80.120(1)(c), as currently enacted or hereafter amended. Pursuant to Chapter 7.84 RCW, any violation of the provisions of Chapter 79A.60 RCW adopted herein which constitutes an infraction shall be assessed a monetary penalty as established in the penalty schedule currently set forth and as hereinafter amended in Court Rule IRLJ 6.2 adopted herein by reference. Each separate day, or portion thereof, during which any violation occurs shall constitute a separate violation.
B. Misdemeanor. Any violation of any provision established in this chapter which constitutes a misdemeanor shall be punishable by a fine not to exceed one thousand dollars ($1,000) or by imprisonment not to exceed ninety (90) days, or by both such fine and imprisonment. Each separate day or portion thereof during which such violation occurs shall constitute a separate violation.
C. Gross misdemeanor. Any violation of any provision established in this chapter which constitutes a gross misdemeanor shall be punishable by a fine not to exceed five thousand dollars ($5,000) or by imprisonment not to exceed one (1) year, or by both such fine and imprisonment. Each separate day or portion thereof during which such violation occurs shall constitute a separate violation.
(Ord. No. 3342, § 1, 4-2-97; Ord. No. 3693, § 5, 6‑1-04; Ord. No. 3886, § 7, 8-5-08)
4.06.290 Authority of officers to board vessels.
Commissioned officers of the city are hereby given the authority to board any vessel found underway on any lake of the city for the purpose of inspection and enforcement of this chapter.
(Ord. No. 3342, § 1, 4-2-97)