Chapter 10.60
VESSELS

10.60.000    Chapter Contents

Sections:

10.60.010    Watercraft defined.

10.60.020    Speed limit.

10.60.070    Whistle or siren – Pilot rules to govern.

10.60.080    Whistle or siren – Penalty for violation of Section 10.60.070.

10.60.085    Watercraft registration required – Statutes adopted by reference.

10.60.095    Alteration of watercraft registration – Statutes adopted by reference.

10.60.100    Enforcement authority.

10.60.105    Notice to appear.

10.60.120    Refusal to stop or to give name and address – Misdemeanor or gross misdemeanor.

10.60.125    Aiding and abetting violation.

10.60.130    Violation – Penalty – Civil infraction unless otherwise provided.

10.60.210    Marine sanitation devices.

10.60.250    Discharge of oil prohibited.

10.60.265    Recreational watercraft regulations – Statutes adopted by reference.

10.60.270    Recreational watercraft equipment and operation – Statutes adopted by reference.

10.60.275    Derelict vessels – Statutes adopted by reference.

(Ord. 6710 §1, 2010, repealed Sections 10.60.082, 10.60.084, 10.60.086, 10.60.090, 10.60.110, 10.60.260 and 10.60.262)

10.60.010 Watercraft defined

A.    "Watercraft" means any contrivance used or capable of being used as a means of transportation on water, specifically including but not limited to any boat, yacht or houseboat, whether powered by engine, sail, motor or occupant or occupants.

B.    "Waters of Olympia" means any waters within the jurisdiction of the city of Olympia.

(Ord. 6710 §1, 2010; Ord. 5130 §2, 1990; Ord. 4088 §1, 1978).

10.60.020 Speed limit

It is unlawful for any person to operate or have control over any watercraft within the jurisdictional waters of the city which travels at a speed greater than seven knots (seven nautical miles per hour) in those waters north of an east/west line transecting the tip of the Port of Olympia peninsula, or which travels at a speed greater than five knots (five nautical miles per hour) in those waters south of said line. It is further unlawful to operate in such a manner to cause a wake in the water which in any way endangers or jeopardizes property or persons within the immediate vicinity.

(Ord. 6710 §1, 2010; Ord. 5457 §1, 1994; Ord. 4088 §6, 1978; Ord. 3083 §1, 1958).

10.60.070 Whistle or siren – Pilot rules to govern

It is unlawful for the captain or any other person in charge of any vessel, while lying at any pier or while navigating in Olympia Harbor, to cause any whistle or siren to be blown or sounded for any purpose other than those required by law or by the Pilot Rules for Certain Inland Waters of the Atlantic and Pacific Coasts and of the Coast of the Gulf of Mexico, as now or hereafter enforced; provided, however, that in the event of fire occurring on board any vessel in Olympia Harbor, except vessels under way, such vessel may sound five prolonged blasts of the whistle or siren as an alarm indicating fire on board or at the dock at which the vessel is moored. Such signal may be repeated at intervals to attract attention and is not a substitute for, but may be used in addition to, other means of reporting a fire. The words "prolonged blasts," as used in this section, mean a blast from four to six seconds’ duration. It shall be the duty of the harbor officer to notify all vessels coming into Olympia Harbor of the provisions of this section.

(Ord. 7187 §3, 2019; Ord. 6710 §1, 2010; Ord. 2669 §1, 1950).

10.60.080 Whistle or siren – Penalty for violation of Section 10.60.070

Any person, firm or corporation violating the terms of Section 10.60.070 shall, upon conviction, be fined in a sum not exceeding one hundred dollars for each offense.

(Ord. 6710 §1, 2010; Ord. 2669 §2, 1950).

10.60.085 Watercraft registration required – Statutes adopted by reference

The following sections in the Revised Code of Washington (“RCW”) are adopted by reference, as currently enacted or as amended hereafter, and as supplemented by Chapter 308-93 in the Washington Administrative Code (“WAC”), including penalties; except as otherwise specifically set forth in this chapter and except that conduct constituting a felony is excluded. A complete copy of RCW 88.02.010 through 88.02.118 and Chapter 308-93 WAC is on file with the City Clerk.

RCW:

88.02.010    Definitions.

88.02.020    Registration and display of registration number and decal prerequisite to ownership or operation of vessel – Exceptions.

88.02.023    Vessel dealer display decals – Use.

88.02.025    Registration of vessels numbered under the Federal boat safety act.

88.02.028    Registration of rented vessels – Dealer’s vessels – Dealer registration numbers not transferable.

88.02.030    Exceptions from vessel registration – Use of excess document identification fee for boating safety programs – Rules.

88.02.035    Confidential vessel registration, law enforcement purposes.

88.02.040    Issuance of registrations – Agents – Deposit of fees in general fund – Allocation for boating safety and education, law enforcement, and derelict vessel removal and disposal.

88.02.045    Allocation of funds under RCW

88.02.040    To counties – Deposit to account for boating safety programs.

88.02.090    Inspection of registration – Violation of chapter.

88.02.110    Penalties – Disposition of moneys collected – Enforcement authority.

88.02.112    Registration certificate required – Penalty.

88.02.115    Additional penalties for unauthorized or personal use of dealer display decals.

88.02.118    Evasive registration – Penalty.

(Ord. 6710 §1, 2010).

10.60.095 Alteration of watercraft registration – Statutes adopted by reference

The following sections in the Revised Code of Washington (“RCW”) are adopted by reference, as currently enacted or as amended hereafter, as if fully set forth in this chapter and except that conduct constituting a felony is excluded. A complete copy of RCW 46.12.300 through 46.12.330 is on file with the City Clerk.

RCW:

46.12.300    Serial numbers on vehicles, watercraft, campers, or parts – Buying, selling, etc., with numbers removed, altered, etc. – Penalty – Gross Misdemeanor.

46.12.310    Serial numbers – Seizure and impoundment of vehicles, recreational watercraft, campers, or parts – Notice to interested persons – Release to owner.

46.12.320    Serial numbers – Disposition of vehicles, watercraft, campers, or parts authorized.

46.12.330    Serial numbers – Hearing – Appeal – Removal to court – Release.

(Ord. 6710 §1, 2010).

10.60.100 Enforcement authority

Those officers or employees of the City as may be designated by the Chief of Police or by the City Manager are authorized to enforce the provisions of this chapter, subject to any commission limits imposed per OMC 2.36.085. Such designated officers and employees shall have authority to enter upon and inspect any vessel or watercraft in the Olympia Harbor, and are charged with enforcement of the provisions of this chapter, except as the enforcement thereof is otherwise specified in this chapter. It shall be the duty of such designated officers or employees to make complaint for any violation of the same or any part hereof 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 so to do.

(Ord. 6710 §1, 2010).

10.60.105 Notice to appear

Whenever any person is arrested for any violation of this chapter, the arresting officer may serve upon that person 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 the person’s written promise to appear in court as required by the citation and notice by signing in the appropriate place on the written citation and notice served by the arresting officer.

(Ord. 7187 §3, 2019; Ord. 6710 §1, 2010).

10.60.120 Refusal to stop or to give name and address – Misdemeanor or gross misdemeanor

A.    It is unlawful for any person, while operating or in charge of any vessel or watercraft, to refuse, when requested by an authorized public officer, to give the person’s name and address and the name and address of the owner of the vessel or watercraft, or for such person to give a false name and address; and it shall likewise be unlawful for any person to refuse or neglect to stop when signaled to stop by any authorized public officer, or to refuse upon demand of such authorized public officer to permit the examination of any equipment of the vessel or watercraft, or to produce the person’s certificate of vessel registration. Violation of this subsection is a misdemeanor.

B.    The operation of a vessel or watercraft evincing an attempt to outrun, or which outruns, a vessel or watercraft which is pursuing the fleeing vessel or watercraft with audible and visual signs (such as sirens and blue flashing lights) operating and which is operated by any public officer authorized to enforce the provisions of this chapter shall be unlawful, and, in addition to being a violation of this subsection, shall be prima facie evidence of reckless operation by the operator thereof. Violation of this subsection is a gross misdemeanor.

(Ord. 7187 §3, 2019; Ord. 6710 §1, 2010).

10.60.125 Aiding and abetting violation

Every person who commits, attempts to commit, conspires to commit, or aids or abets in the commission of any act declared by this chapter to be prohibited, or in the omission of an act to be performed by this chapter, whether individually or in connection with one or more other persons, or as a principal, agent, or accessory, is guilty of such offense, and every person who falsely, fraudulently, or willfully induces, causes, coerces, requires, permits, or directs others to violate any provisions of this chapter is likewise guilty of such offense.

(Ord. 6710 §1, 2010).

10.60.130 Violation – Penalty – Civil infraction unless otherwise provided

Except as otherwise specifically provided herein, including, but not limited to, penalties set forth in statutes adopted herein, violation of or failure to comply with any provision of this chapter or any lawful order or direction of the Chief of Police, or any person or officer charged with the enforcement hereof, shall constitute a civil infraction payable by a fine not to exceed five hundred dollars per violation.

(Ord. 6710 §1, 2010).

10.60.210 Marine sanitation devices

All watercraft with installed toilet(s) on board must have a holding tank or a type I, II or III marine sanitation device. It is unlawful to discharge toilets or holding tanks into the waters controlled by the city. All installed marine sanitation devices must be Coast Guard certified. The specific regulations and provisions relating to marine sanitation devices are those set forth in 33 CFR 159, which are hereby adopted by reference as though fully set forth herein.

(Ord. 6710 §1, 2010; Ord. 5130 §1(part), 1990).

10.60.250 Discharge of oil prohibited

It is unlawful for any person, firm, corporation, watercraft, tug or launch of any kind or description to discharge any oil or oily waste within the waters of Olympia if such discharge causes a film or sheen upon, or discoloration of, the surface of the water, or causes a sludge or emulsion beneath the surface of the water.

(Ord. 6710 §1, 2010; Ord. 5130 §1(part), 1990).

10.60.265 Recreational watercraft regulations – Statutes adopted by reference

The following sections in the Revised Code of Washington (“RCW”), except as to RCW 79A.60.010(24) “Water skiing,” are adopted by reference, as currently enacted or as amended hereafter, including penalties; except as otherwise specifically set forth in this chapter and except that conduct constituting a felony is excluded. A complete copy of RCW 79A.60.010 through 79.60.200 is on file with the City Clerk.

RCW:

79A.60.010    Definitions (except as to (24), “Water skiing”).

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 – Exemption – Enforcement – Penalty.

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.

79A.60.200    Duty of operator involved in collision, accident, or other casualty – Immunity from liability of persons rendering assistance – Penalties.

(Ord. 6710 §1, 2010).

10.60.270 Recreational watercraft equipment and operation – Statutes adopted by reference

The following sections in the Washington Administrative Code (“WAC”), except as to WAC 352-60-020 “Water skiing,” are adopted by reference, as currently enacted or as amended hereafter, including penalties; except as otherwise specifically set forth in this chapter and except that conduct constituting a felony is excluded. A complete copy of WAC 352-60-010 through WAC 352-60-120, WAC 352-67-010 through WAC 352-67-050, and WAC 352-70-010 through WAC 352-70-060 is on file with the City Clerk.

WAC:

352-60-010    Purpose.

352-60-020    Definitions.

352-60-030    Personal flotation devices required.

352-60-050    Ventilation.

352-60-060    Navigation lights and shapes.

352-60-065    Sound producing devices.

352-60-070    Steering and sailing.

352-60-080    Fire extinguisher required.

352-60-090    Backfire flame control.

352-60-110    Canadian vessels.

352-60-120    Water ski observer.

352-67-010    Purpose.

352-67-020    Definitions.

352-67-030    Instrumentation.

352-67-040    General requirements.

352-67-050    Specific requirements.

352-70-010    What is the state boating accident reporting program?

352-70-020    What words and phrases are used in the state boating accident reporting program?

352-70-030    Which vessels are subject to the state boating accident reporting program?

352-70-035    Who is required to submit a boating accident report and under what conditions?

352-70-040    How does the operator of a vessel report a boating accident?

352-70-050    What information must be provided on the state boating accident report form?

352-70-060    How is a boating accident report submitted to the commission?

(Ord. 6710 §1, 2010).

10.60.275 Derelict vessels – Statutes adopted by reference

The following sections in the Revised Code of Washington (“RCW”) are adopted by reference, as currently enacted or as amended hereafter, as if fully set forth in this chapter and except that conduct constituting a felony is excluded. Complete copies of RCW 79.100.010 through 79.100.080, RCW 79.100.110 and RCW 79.100.130 are on file with the City Clerk.

RCW:

79.100.010    Definitions.

79.100.020    Chapter not exclusive remedy.

79.100.030    Authority of authorized public entity – Owner retains primary responsibility.

79.100.040    Obtaining custody of vessel.

79.100.050    Use or disposal of vessel.

79.100.060    Reimbursement for costs.

79.100.070    Contract with private company/individual.

79.100.080    Chapter not exclusive.

79.100.110    Vessel abandoned or derelict upon aquatic lands – Penalty.

79.100.130    Marina owner may contract with a local government – Contract requirements.

(Ord. 6710 §1, 2010).