Chapter 8.88
WATERCRAFT REGULATIONS

Sections:

Article I. General Regulations

8.88.010    Authorization.

8.88.020    Applicability.

8.88.030    Responsibility.

8.88.040    Definitions.

8.88.050    Rules of the Road.

8.88.060    Lights and Shapes.

8.88.070    Prohibited Sound and Light Signals.

8.88.080    Distinctive Blue Light Authorized for Use by Law Enforcement Vessels.

8.88.090    Exemptions for Racing Motor-Powered Vessels.

8.88.100    Fire Extinguishers.

8.88.110    Personal Flotation Devices.

8.88.120    Equipment and Numbering.

Article II. Operation Regulations

8.88.130    Applicability.

8.88.150    Speed Limits – Fresh Water.

8.88.151    Speed Limits – Salt Water.

8.88.160    For Vessels Engaged in Taking Off and Landing – With or Without Water-Skiers.

8.88.165    Negligent Operation.

8.88.170    Reckless Operation.

8.88.180    Hazardous Conditions.

8.88.190    Designated Areas.

8.88.200    Direction of Travel.

8.88.210    Water-Skiers.

8.88.230    Testing.

8.88.240    Legal Age of Operation.

8.88.250    Obstructions.

8.88.252    Impoundment Authority.

8.88.254    Impound Procedures.

8.88.260    Prohibited Operations.

8.88.270    Boating Accident Reports.

8.88.310    Skin/Scuba Diving.

8.88.320    Posting of Regulations.

8.88.330    Swimming and Flotation Devices.

8.88.340    Unlawful Dumping.

8.88.350    Unsafe Piers – Fresh Water Only.

Article III. Vessel Regulations

8.88.360    Personal Watercraft.

8.88.370    Safety Devices.

8.88.380    Vessel Rental Period.

8.88.400    Emergency Vessels.

8.88.410    Directing Traffic Emergency Powers.

8.88.420    Restricted Areas.

8.88.430    Marker and Regulatory Buoys.

8.88.440    Boating Advisory Commission.

8.88.450    Aiding and Abetting Violation.

Article IV. Specific Rules for Lakes and Other Areas

8.88.460    Class "A" Lakes.

8.88.470    Class "B" Lakes.

8.88.480    Class "C" Lakes.

8.88.490    Class "D" Lakes.

8.88.500    Saltwater Areas.

8.88.510    Rivers, Launching and Fishing.

8.88.520    Testing Areas and Times.

Article V. Penalties

8.88.600    Penalties Designated.

Article I. General Regulations

8.88.010 Authorization.

The County of Pierce, in the exercise of its police powers, assumes control and jurisdiction over all lakes, rivers and all other waters within unincorporated areas inside its geographical boundaries. (Ord. 84-62 § 1 (part), 1984; prior Code § 43.02.010)

8.88.020 Applicability.

A.    Except as noted, the provisions of this Chapter shall be applicable to all vessels which are operated within the geographical jurisdiction of the County.

B.    Titles 33 and 46 CFR, Chapter 79A.60 RCW, Chapter 352-60 WAC and any amendments thereto, are hereby adopted by reference as PCC 8.88.020 B.

(Ord. 2001-68 § 1 (part), 2001; Ord. 96-90 § 1 (part), 1996; Ord. 84-62 § 1 (part), 1984; prior Code § 43.02.020)

8.88.030 Responsibility.

A.    Nothing in this Chapter shall exonerate the owner, master, or crew of any vessel from the consequences of any failure to comply with these rules or of the failure of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case.

B.    In construing and complying with this Chapter, due regard shall be given to all dangers of navigation and collision and to any special circumstances, including the limitations of the vessels involved, which may make a departure from these rules necessary to avoid immediate danger.

(Ord. 96-90 § 1 (part), 1996; Ord. 84-62 § 1 (part), 1984; prior Code § 43.02.030)

8.88.040 Definitions.

As used in this Chapter, unless the context or subject matter clearly requires otherwise, the following words or phrases shall have the following meanings:

A.    "Abandoned vessel" means the vessel's owner is not known or cannot be located, or the vessel is not currently registered or is in danger of sinking and the vessel has been left, moored, or anchored in the same area without the express consent, or contrary to the rules, of the owner, manager, or lessee of the aquatic lands below or on which the vessel is located for either a period of more than 30 consecutive days or for more than a total of 90 days in any 365-day period. For the purposes of this definition "in the same area" means within a radius of five miles of any location where the vessel was previously moored or anchored on aquatic lands.

B.    "Anchor" means the act of making a vessel or obstruction secure to the bed of any body of water through use of a direct connection between the vessel or obstruction and the bed.

C.    "Aquatic event" means any organized water event of limited duration.

D.    "Authorized emergency vessel" means any designated and/or marked patrol vessel.

E.    "Department" means the Pierce County Sheriff's Department.

F.    "Derelict vessel" means the vessel's owner is known and can be located, and exerts control of a vessel that:

1.    Has been left on private property without authorization of the owner; or

2.    Has been left for a period of seven consecutive days, and:

a.    Is sunk or in danger of sinking;

b.    Is obstructing a waterway; or

c.    Is endangering life or property.

G.    "Diver's flag" means a red flag, not less than 10 inches on the hoist by 12 inches on the fly, with a white stripe of one inch crossing the red diagonally and a stiffener to make it stand out from the pole or mast, or a rigid replica of the International Code flag "A" (Alpha pennant) not less than one meter in height.

H.    "Moor" means the act of securing a vessel or obstruction either to a pier or anchored buoy or float.

I.    "Obstruction" means any vessel or any matter which may in any way impede navigation, blockade or endanger any vessel. A mooring buoy shall not be considered an obstruction where the mooring buoy does not unreasonably restrict the navigability of adjacent waters or pose a danger to persons or property.

J.    "Owner" means the person who has lawful possession of a vessel or obstruction by virtue of legal title or equitable interest therein which entitles that person to such possession, and includes any agent or employee of such person.

K.    "Person" means an individual, firm, partnership, corporation, company, association, or other legal entity.

L.    "Personal watercraft" means a vessel of less than 16 feet that uses a motor powering a water jet pump, as its primary source of motive power and that is designed to be operated by a person sitting, standing, or kneeling on, or being towed behind the vessel, rather than in the conventional manner of sitting or standing inside the vessel.

M.    "Pier, dock, or gangway" means any permanent wharf, dock, float, gridiron, or other structure to promote the convenient loading or unloading of a vessel.

N.    "Raft or Rafting" means to tie, connect, fasten, hold, or secure two or more vessels together, to a common anchor, or to an object other than a dock that is secured to the shoreline, while on the water.

O.    "Restricted or designated areas" means an area that has been marked to be used for, or closed to, certain designated purposes.

P.    "Restricted visibility" means any condition in which visibility is restricted by fog, mist, falling snow, heavy rainstorms, sandstorms, or any other similar causes.

Q.    "Scuba diver" means any free-swimming person who uses an artificial or mechanical means to replace air.

R.    "Sheriff" means the Pierce County Sheriff or deputy sheriffs.

S.    "Skin diver" means any free-swimming person who does not use an artificial or mechanical means to replace air.

T.    "Sunrise" means the time when the sun appears above the sensible horizon as a result of the earth's rotation which may be shown by a sunrise chart for Tacoma or an area of Pierce County, Washington.

U.    "Sunset" means the time when the sun disappears below the sensible horizon as a result of the earth's rotation which may be shown by a sunrise chart for Tacoma or an area of Pierce County, Washington.

V.    "Towboat" means any vessel engaged in towing or pushing another vessel or anything other than a vessel.

W.    "Vessel" includes every description of watercraft on the water, other than a seaplane, used or capable of being used as a means of transportation on the water. However, it does not include inner tubes, air mattresses, sailboards, and small rafts or flotation devices or toys customarily used by swimmers.

X.    "Waters of Pierce County" means all unincorporated water within the geographical boundaries of the County.

(Ord. 2009-60s § 1 (part), 2009; Ord. 2005-36s § 1 (part), 2005; Ord. 2003-134s2 § 1 (part), 2004; Ord. 96-89S § 2 (part), 1997; Ord. 96-90 § 1 (part), 1996; Ord. 84-62 § 1 (part), 1984; prior Code § 43.02.040)

8.88.050 Rules of the Road.

Except as otherwise specified in this Chapter, the 72 COLREGS shall apply on all waters of Pierce County, as such rules are now or may hereafter from time to time be amended or adopted; and it is further provided that sailing vessels or other vessels, while engaged in a sanctioned or authorized race, predicted log race, regatta or similar event shall be subject to the applicable rules for such event including, but not limited to, differing right-of-way rules.

A violation of this Section constitutes a Class 4 civil infraction under Chapter 1.16 PCC.

(Ord. 96-90 § 1 (part), 1996; Ord. 84-62 § 1 (part), 1984; prior Code § 43.02.100)

8.88.060 Lights and Shapes.

72 COLREGS, WAC 352-60-060 and any future amendments thereto are adopted by reference as PCC 8.88.060, "Lights and Shapes".

A violation of this Section constitutes a Class 4 civil infraction under Chapter 1.16 PCC.

(Ord. 2001-68 § 1 (part), 2001; Ord. 96-90 § 1 (part), 1996; Ord. 84-62 § 1 (part), 1984; prior Code § 43.02.110)

8.88.070 Prohibited Sound and Light Signals.

It is unlawful for the master, owner, or any person in charge of any vessel, while lying at any pier or while navigating in the waters of Pierce County, unnecessarily to cause any whistle or siren to be blown or sounded, nor shall any person flash the rays of a searchlight or other blinding light onto the bridge or into the pilot house of any vessel under way for any purpose other than those authorized by law.

A violation of this Section constitutes a Class 4 civil infraction under Chapter 1.16 PCC.

(Ord. 2001-68 § 1 (part), 2001; Ord. 96-90 § 1 (part), 1996; Ord. 84-62 § 1 (part), 1984; prior Code § 43.02.120)

8.88.080 Distinctive Blue Light Authorized For Use by Law Enforcement Vessels.

A.    The use of a distinctive blue light is authorized for law enforcement vessels, and may be displayed during the day or night, whenever the vessel may be engaged in direct law enforcement activities where identification of the law enforcement vessel is desirable or where necessary for safety reasons. This light, when used, would be in addition to prescribed lights and all signals required by law or regulations in this part.

B.    The distinctive blue light may be displayed by law enforcement vessels of the County Sheriff's Department or other enforcement vessels authorized by the County Sheriff's Department.

(Ord. 96-90 § 1 (part), 1996; Ord. 84-62 § 1 (part), 1984; prior Code § 43.02.130)

8.88.090 Exemptions for Racing Motor-Powered Vessels.

The provisions of this Chapter shall not apply to motor-powered vessels while competing in any race previously arranged, approved and announced, or if such boats are designed and intended solely for racing, while engaged in such navigation as is incidental to the tuning up of the boats and engines for the race. (Ord. 84-62 § 1 (part), 1984; prior Code § 43.02.140)

8.88.100 Fire Extinguishers.

Fire extinguishing equipment shall be required as provided in 46 CFR Subchapter C, Subpart 25.30 and WAC 352-60-080.

A violation of this Section constitutes a Class 4 civil infraction under Chapter 1.16 PCC.

(Ord. 2001-68 § 1 (part), 2001; Ord. 96-90 § 1 (part), 1996; Ord. 84-62 § 1 (part), 1984; prior Code § 43.02.200)

8.88.110 Personal Flotation Devices.

A.    Every child 12 years of age or younger shall wear a Coast Guard approved personal flotation device that is in serviceable condition and the appropriate size while on board any vessel, except while in a cabin.

B.    All vessels of all classes shall carry on board, one Coast Guard-approved personal flotation device in good and serviceable condition for each person on board, provided that racing shells, when competing in a sanctioned race and accompanied by a chase boat, shall be exempt from this requirement, provided that one approved personal flotation device, Class I, II, III, or IV shall be carried on board the chase boat for every person in the racing shell.

C.    33 CFR Part 175, Subpart B, 46 CFR Subchapter C, Subpart 25.25 and WAC 352-60-030 and any future amendments thereto are adopted by reference as subsection C. of Pierce County Code 8.88.110, "Personal Flotation Devices."

D.    A violation of this Section constitutes a Class 4 civil infraction under Chapter 1.16 PCC.

(Ord. 2001-68 § 1 (part), 2001; Ord. 96-89S § 2 (part), 1997; Ord. 87-226 § 1 (part), 1987; Ord. 84-62 § 1 (part), 1984; prior Code § 43.02.210)

8.88.120 Equipment and Numbering.

All vessels shall carry the equipment and be numbered or designated as required by Chapter 88.02 RCW, Chapter 308-93 WAC, and applicable laws of the United States and any future amendments thereto. (Ord. 96-90 § 1 (part), 1996; Ord. 84-62 § 1 (part), 1984; prior Code § 43.02.220)

Article II. Operation Regulations

8.88.130 Applicability.

The provisions of this Chapter shall be applicable to all vessels operated on lakes, rivers, and all other water within the geographical jurisdiction of Pierce County. (Ord. 96-90 § 1 (part), 1996; Ord. 84-62 § 1 (part), 1984; prior Code § 43.04.010)

8.88.150 Speed Limits – Fresh Water.

It shall be unlawful to operate a vessel at a rate of speed greater than will permit the operator in the exercise of reasonable care to bring the vessel to a stop within the assured clear distance ahead; provided, however, it shall be unlawful to operate vessels in excess of five miles per hour, or at a speed which produces a damaging wake, within 200 feet of any shore, dock, bridge or public swimming area, or within 100 feet of swimmers or of any vessel, or within 300 feet of any public boat launch; provided further, that it shall be unlawful to operate vessels in excess of eight miles per hour after legal sunset in waters not regulated by the five miles per hour law.

A violation of this Section constitutes a Class 4 civil infraction under Chapter 1.16 PCC.

(Ord. 96-89S § 2 (part), 1997; Ord. 90-105 § 2, 1990; Ord. 84-62 § 1 (part), 1984; prior Code § 43.04.014)

8.88.151 Speed Limits – Salt Water.

It shall be unlawful to operate a vessel at a rate of speed greater than will permit the operator in the exercise of reasonable care to bring the vessel to a stop within the assured clear distance ahead; provided, however, it shall be unlawful to operate vessels in excess of five miles per hour, or at a speed which produces a damaging wake, within 200 feet of any shore, dock or public swim area, or within 100 feet of swimmers or of any vessel, or within 300 feet of any public boat launch.

A violation of this Section constitutes a Class 4 civil infraction under Chapter 1.16 PCC.

(Ord. 2001-68 § 1 (part), 2001; Ord. 96-89S § 3, 1997)

8.88.160 For Vessels Engaged in Taking Off and Landing – With or Without Water-Skiers.

A.    Taking off shall be done perpendicular or as near to perpendicular to shore, dock or other launching facilities, whichever shall permit the vessel and skier, if any, safe passage to open water; provided, that at no time shall the taking off angle be less than a 45 degree angle to shore, dock, or other launching facility.

B.    Landing of vessels and skiers shall be done not less than at a 45 degree angle to the shore, dock, or other landing facilities.

C.    At no time shall taking off or landing of water-skier give the towing vessel special privileges over any other vessels, under the rules of the road, and at no time shall such acts of skiing cause undue risk to persons or property.

D.    A violation of this Section constitutes a Class 4 civil infraction under Chapter 1.16 PCC.

(Ord. 96-90 § 1 (part), 1996; Ord. 84-62 § 1 (part), 1984; prior Code § 43.04.016)

8.88.165 Negligent Operation.

It shall be unlawful to operate any vessel in a negligent manner upon the waters of Pierce County. Negligent operation is the failure to operate in a careful and prudent manner or at a speed that is reasonable and proper under the conditions at the time and place of operation, taking into account the amount and character of traffic, size of waters and freedom from obstruction of view ahead, or the failure to exercise reasonable care necessary to prevent the endangerment of life, limb or property of any other person when operating a vessel. Actions that constitute evidence of negligent operation include but are not limited to:

A.    Causing a wake that is likely to, or in fact does, create a hazardous situation or damage property, which property is reasonably constructed and/or reinforced to withstand normal wakes and washes and the natural movements of wind, waves and tidal fluctuations under non-storm conditions.

B.    Causing a wake that is likely to, or in fact does, create a hazardous situation to other persons whether engaged in shore side activities or in nearby vessels.

C.    Swerving at the last possible moment to avoid collision.

D.    Loading or permitting to be loaded a vessel with passengers or cargo beyond its safe carrying ability or carrying passengers or cargo in an unsafe manner taking into consideration weather and other existing operating conditions.

E.    Bow, seat back, gunwale or transom riding, when operating in excess of five miles per hour unless seating is specifically designed for that location.

F.    The operator of any vessel shall be responsible for any damage or injuries caused by the wake from the vessel.

G.    A violation of this Section constitutes a Class 2 civil infraction under Chapter 1.16 PCC.

H.    Operating without navigation lights at night.

(Ord. 2003-127s2 § 2 (part), 2004)

8.88.170 Reckless Operation.

It shall be unlawful to operate any vessel in a reckless manner upon the waters of Pierce County. For the purpose of this Chapter, to operate in a reckless manner means the careless or heedless operation of a vessel with a willful or wanton disregard for the safety of, or endangerment to, persons and/or property. Actions that constitute reckless operation include but are not limited to:

A.    Operating within 100 feet of shore unless taking off or landing as provided in Section 8.88.160, or in designated swimming areas;

B.    Operating while under the influence of alcohol or drugs;

C.    Excessive speed in violation of Sections 8.88.150, 8.88.151, or 8.88.165;

D.    Operating in clearly dangerous areas;

E.    Continued use or refusal to terminate use of vessel after being ordered to correct an especially hazardous condition by a law enforcement officer;

F.    When operating on saltwater, non-destination-bound repetitive maneuvers including, but not limited to, erratic speed and course changes, tight turns, and race course ovals and figure eights can only be done when in an area that is at least 500 yards from any shoreline.

(Ord. 2003-127s2 § 2 (part), 2004; Ord. 96-90 § 1 (part), 1996; Ord. 84-62 § 1 (part), 1984; prior Code § 43.04.018)

8.88.180 Hazardous Conditions.

If a law enforcement officer observes any unsafe condition and determines that an "especially hazardous condition" exists, he may direct the operator to take immediate steps to correct the condition, including returning and mooring. Unsafe conditions or hazardous conditions shall include, but not be limited to, the following:

A.    Insufficient personal floatation devices (PFD);

B.    Insufficient firefighting devices;

C.    Overload conditions;

D.    Improper navigation light display;

E.    Fuel leakage;

F.    Fuel in bilges;

G.    Improper ventilation;

H.    Improper backfire flame control.

(Ord. 96-90 § 1 (part), 1996; Ord. 84-62 § 1 (part), 1984; prior Code § 43.04.020)

8.88.190 Designated Areas.

It shall be unlawful to operate any vessel within 100 feet of a public or private bathing or swimming area, which is marked by buoys or some other distinguishing device.

A violation of this Section constitutes a Class 4 infraction under Chapter 1.16 PCC.

(Ord. 96-90 § 1 (part), 1996; Ord. 84-62 § 1 (part), 1984; prior Code § 43.04.022)

8.88.200 Direction of Travel.

Except as provided for in Section 8.88.160, all vessels shall keep the closest shore on the operator's starboard or right-hand side at all times except on Puget Sound.

A violation of this Section constitutes a Class 4 infraction under Chapter 1.16 PCC.

(Ord. 96-90 § 1 (part), 1996; Ord. 84-62 § 1 (part), 1984; prior Code § 43.04.024)

8.88.210 Water-Skiers.

It shall be unlawful to operate a vessel towing a person on water skis, aquaplane, or surfboard, inner tube, or other similar device unless the following conditions are strictly followed:

A.    The vessel shall be operated by a competent person who must be attentive to the duties of operating a vessel.

B.    Vessels shall carry a competent skier-observer who must be facing the skier at all times, and at such time as a skier(s) is down in the water, an orange flag, not less than one foot square, visible 360 degrees, shall be displayed on the towing boat.

C.    The provisions of subsection B. of this Section shall not apply in the case of a vessel that is so constructed as to be unable to carry the operator or any other person in or on the same, and is actually operated by the person or persons being towed and is equipped with an automatic engine throttle return device which will cause the engine to slow instantly when the skier is disengaged from the control handles of the vessel.

D.    No vessel shall follow behind a vessel towing a person on water skis closer than 300 feet, or cross the bow of a towing boat closer than 200 feet, or pass alongside a towing boat closer than 100 feet. A vessel towing a skier is not a privileged boat, and must conform to the rules of the road.

E.    It shall be unlawful to water ski from sunset to sunrise. A violation of this subsection constitutes a misdemeanor.

F.    It shall be unlawful to waterski within 300 feet of any public boat launching area, or within 300 feet of any dock used for fueling any vessel, or within 300 feet of any dock or designated swimming area at a public park, or a private designated swimming area. This provision shall apply to the taking off and landing of a water-skier in any of the described areas.

G.    A violation of subsections A., D. and F. of this Section constitutes a Class 4 civil infraction under Chapter 1.16 PCC.

(Ord. 96-89S § 2 (part), 1997; Ord. 96-90 § 1 (part), 1996; Ord. 87-226 § 1 (part), 1987; Ord. 86-80 § 2, 1986; Ord. 84-62 § 1 (part), 1984; prior Code § 43.04.028)

8.88.230 Testing.

A.    When testing, as authorized in this Chapter, the provisions of RCW 88.12.089(4) shall apply to vessels designed for racing that are properly registered with the American Power Boat Association or an affiliate group, and when their registration numbers are plainly visible on the vessel. A helmet and American Power Boat Association approved jacket must be worn by the driver and mechanic if the craft is designed to carry a mechanic. Testing may be done on specific waters at specific times only. (See Section 8.88.590 for areas open and the times allowed.)

B.    Vessels testing under the provisions specified in this Chapter shall maintain a distance of 400 feet from the shore or another vessel while speed is in excess of five miles per hour. A vessel testing for a race must follow the rules of the road and the general rules herein.

C.    No unauthorized person shall operate a vessel or swim, or skin dive, within a testing course during permitted testing operations while an authorized vessel is in the testing course.

D.    While testing, there must be an accompanying safety vessel in the water, with rescue personnel on board, to warn unauthorized vessels of the test. The safety vessel shall have on board fire fighting and rescue equipment.

(Ord. 96-89S § 2 (part), 1997; Ord. 84-62 § 1 (part), 1984; prior Code § 43.04.030)

8.88.240 Legal Age of Operation.

It shall be unlawful for any person under the age of 16 to operate any vessel powered by a motor or motors generating a total horsepower in excess of 10 horsepower; except, it shall be lawful for a person under the age of 16 to operate a vessel powered by a motor or motors generating a total horsepower of more than 10 horsepower as long as they are under the direct supervision of a parent or legal guardian in the vessel. (Ord. 86-80 § 3, 1986; Ord. 84-62 § 1 (part), 1984; prior Code § 43.04.032)

8.88.250 Obstructions.

When any sunken, drifting, anchored or moored vessel(s), obstruction or object(s) that is/are unattended obstruct, create a hazard to, impeded or endanger the operation of vessels on the waters of the County, the County Sheriff shall order the owner or person in charge thereof to remove or restrain the vessel or object. Upon failure of such person to do so, or inability of the Sheriff to determine the ownership of the vessel or object, the Sheriff may take custody of the vessel or object and may take such reasonable steps as are needed to clear the waters of the obstruction or hazard. Expenses reasonably incurred by the Sheriff in removing, relocating, storing or impounding a vessel or other object shall be recovered from the owner thereof, as a condition precedent to restoring the vessel or object to the owner. (Ord. 2003-134s2 § 1 (part), 2004; Ord. 96-90 § 1 (part), 1996; Ord. 84-62 § 1 (part), 1984; prior Code § 43.04.034)

8.88.252 Impoundment Authority.

The Sheriff may take immediate possession of and/or impound and remove any vessel or obstruction, when:

A.    The vessel or obstruction appears unsafe for water transportation; or

B.    The vessel or obstruction appears abandoned for 30 days and it has been posted for 30 days with an order to remove the vessel or obstruction, and the 30 days after posting have elapsed, the Sheriff may remove, relocate, store, or impound the vessel as provided in PCC 8.88.254 A.; or

C.    The vessel is in danger of sinking, breaking up, or blocking navigation channels.

(Ord. 2003-134s2 § 2 (part), 2004)

8.88.254 Impound Procedures.

The Sheriff shall implement the following procedures to impound any vessel or obstruction under the authority provided in this Chapter:

A.    Where immediate removal of the vessel or obstruction is not required, the Sheriff shall attach a readily visible written notification to the vessel or obstruction. The written notification shall contain the following information:

1.    The date and time the written notification was attached;

2.    A statement that if the vessel or obstruction is not removed within 30 days once declared abandoned and posted for 30 days, it will be taken into custody, moored and stored at the owner's expense;

3.    The address and telephone number where additional information may be obtained.

B.    The Sheriff shall check the records to learn the identity of the last owner of record. The Sheriff shall make a reasonable effort to contact the owner by telephone in order to give the owner the information on the written notification.

C.    If the vessel or obstruction is not removed within 30 days after being declared abandoned and posted for 30 days, or in those cases where immediate removal is appropriate (as described in this Chapter), the Sheriff may take custody of the vessel or obstruction and provide for its removal, mooring, storage, or selling at auction.

D.    All personal belongings and contents in the vessel or obstruction shall be kept in the vessel or obstruction, and shall be returned to the owner of the vessel or obstruction during normal business hours and upon request and presentation of a driver's license or other sufficient identification.

E.    All personal belongings not claimed before the auction shall be disposed of pursuant to Chapter 63.32 or 63.40 RCW.

F.    Any person who shows proof of ownership or written authorization from the impounded vessel's legal owner or the vessel's insurer may view the vessel without charge during normal business hours after first setting up an appointment with the Sheriff to do so.

G.    The owner of the vessel or obstruction is liable for costs incurred in removing, storing and disposing of the vessel or obstruction, less amounts realized at auction.

H.    When the vessel or obstruction is impounded, the Sheriff shall notify the legal and registered owners of the vessel or obstruction if known, of the impoundment and proposed sale of the vessel or obstruction. The owners of any personal property on or in the vessel shall be notified of disposition of such property pursuant to Chapter 63.32 or 63.40 RCW, of the impoundment and proposed sale of the personal property. The notification shall be sent by first class mail within 24 hours after the impoundment to the last known registered and legal owners of the vessel, and the owners of any other items of personal property on the vessel. The notice shall include the location, time of the impoundment, and by whose authority the vessel was impounded. The notice shall also include the written notice of the right of redemption and opportunity to contest the validity of the impoundment pursuant to the procedures described below.

I.    Right to Hearing.

1.    The legal or registered owner of an impounded vessel or obstruction seeking to redeem their impounded vessel or obstruction under this Section has a right to a hearing in District Court to contest the validity of the impoundment or the amount of removal and storage charges. Any request for a hearing shall be made in writing on the form provided for that purpose and must be received by the District Court within 10 days of the date the opportunity was provided for in subsection I. of this Section. If the hearing request is not received by the District Court within the 10-day period, the right to a hearing is waived and the registered owner is liable for any removal, storage or other impoundment charges permitted under this Chapter. Care should be exercised so that all vessels or obstructions are returned in substantially the same condition as they existed before being impounded.

2.    The procedures to be followed by the district court for notification to parties, jurisdiction, and determinations to be made by the court shall be the same as set forth in state law for vehicles (RCW 46.55.120(2)(b) through 46.55.120(4), as it currently exists or may hereafter be amended). In the event that the county has incurred costs relating to the removal, storage and impoundment of the vessel or obstruction, the procedures for entry of a judgment in RCW 46.55.120 (as it currently exists or may hereafter be amended) shall apply to the County.

J.    Public Auction.

1.    If, after the expiration of 30 days from the date of mailing of notice of impoundment and proposed sale required in subsection I. of this Section to the registered and legal owners, the vessel or obstruction remains unclaimed and has not been listed as stolen, then the Sheriff shall sell the vessel or obstruction at public auction. The proceeds from the sale of the vessel or obstruction or any related personal property shall be deposited in the fund that incurred the expense of removal, storage and impounded.

2.    If the Sheriff receives no bid, the Sheriff shall sell the vessel or obstruction to a licensed bulk hauler or scrap processor. If the Sheriff is the successful bidder at auction, the Sheriff shall apply for title to the vessel.

K.    The County shall have a lien upon the impounded vessel or obstruction for services provided in the removal, storage and impoundment, unless the impoundment is determined to have been invalid. The lien does not apply to personal property in or upon the vessel or obstruction that is not permanently attached to or is not an integral part of the vessel or obstruction. The cost of the auction or a buyer's fee may not be added to the amount charged for the vessel or obstruction at auction, or added to the lien imposed or any overage due.

(Ord. 2003-127s2 § 2, 2004)

8.88.260 Prohibited Operations.

A.    It shall be unlawful for any person who is under the influence, or affected by intoxicating liquor, narcotic or other drugs, to operate or be in actual physical control of any vessel.

B.    It shall be unlawful for the owner of any vessel or any person having such, in charge or in control, to authorize or knowingly permit the same to be operated by any person who is under the influence or affected by intoxicating liquor, narcotic, or other drugs.

C.    It shall be unlawful for the owner of any vessel, or any person having such, in charge or in control, 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.

D.    It shall be unlawful for the owner of any vessel, or any person having such, in charge or in control, to authorize or knowingly permit the same to be operated by any person who is under the legal age of operation, as specified in Section 8.88.240.

(Ord. 84-62 § 1 (part), 1984; prior Code § 43.04.036)

8.88.270 Boating Accident Reports.

A.    The operator of any vessel involved in an accident resulting in an 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 name, address, and the name and/or number of his vessel, 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 an accident, reasonable assistance.

B.    The master, owner, or operator of any vessel involved in an accident within the County, and where death or personal injury requiring medical treatment or property damage in excess of $500.00 occurs, shall file a written accident report within 48 hours of said accident with the County Sheriff's Department.

C.    All required accident reports and supplemental reports or copies thereof shall be without prejudice to the individual so reporting, shall be for the confidential use of the Sheriff's Department, Prosecuting Attorney, or other peace and enforcement officers as provided in this Chapter, except that any such officer may disclose the identity of a person reported as being involved in an accident when such identity is not otherwise known or when such person denies his presence at such accident. No such accident report or copy thereof shall be used as evidence in trial, civil, or criminal, arising out of an accident, except that any officer above-named for receiving such accident reports shall furnish upon demand of any person who has or who claims to have made such a report or demand of any court, a certificate showing that a specified accident report has or has not been made to the Sheriff, solely to prove a compliance or failure to comply with the requirements that such a report be made in the manner required by law.

(Ord. 96-90 § 1 (part), 1996; Ord. 87-226 § 1 (part), 1987; 86-80 § 4, 1986; Ord. 84-62 § 1 (part), 1984; prior Code § 43.04.038)

8.88.310 Skin/Scuba Diving.

A.    Skin/scuba diving shall be prohibited within 300 feet of an active ferry slip, public boat ramp, public fishing pier, or an area generally used and recognized as the entry or exit to any regularly established marina, yacht club, or boathouse; provided, that in the event skin or scuba divers are engaged in an aquatic event, then the restriction shall not apply for the duration of the aquatic event. Skin/scuba diving shall be prohibited unless the diver shall be accompanied by a vessel displaying an appropriate diver's flag, or the diving area is marked by an adequately displayed diver's flag.

B.    Subsection A. shall not apply to skin/scuba diving that directly involves the repair, maintenance, survey, or other authorized activity related to an active ferry slip, public boat ramp, public fishing pier, or that area generally used and recognized as the entry or exit to any regularly established marina, yacht club, or boathouse.

C.    It shall be illegal for vessels to approach closer than 300 feet of any diver's flag raised from a vessel or float. If there is not 300 feet clearance to pass the diver's flag, vessels shall reduce their speed to 5 miles per hour when within 300 feet of the diver's flag and shall stay as far away from the diver's flag as practical.

D.    A violation of this Section constitutes a Class 4 civil infraction under Chapter 1.16 PCC.

(Ord. 2001-68 § 1 (part), 2001; Ord. 96-90 § 1 (part), 1996; Ord. 84-62 § 1 (part), 1984; prior Code § 43.04.046)

8.88.320 Posting of Regulations.

A.    The Director of the Pierce County Parks and Recreation Services Department shall cause to be posted at all public boat accesses within County parks, the specific rules for each body of water as set forth in this Chapter.

B.    Owners and proprietors of private boat access to waters in the County shall cause to be posted within 25 feet of the ramp, a copy of the specific rules as given above.

(Ord. 96-90 § 1 (part), 1996; Ord. 84-62 § 1 (part), 1984; prior Code § 43.04.048)

8.88.330 Swimming and Flotation Devices.

A.    Swimming shall be confined to:

1.    Restricted swimming areas; or

2.    Within a distance of 100 feet from shore, unless the swimmer is accompanied by a vessel.

B.    All bathers and swimmers shall confine air mattresses, inner tubes, and other similar devices to within 100 feet of shore unless they are accompanied by a vessel.

C.    All vessels accompanying swimmers beyond 100 feet from shore shall have a personal flotation device on board for each swimmer in addition to one for each person on board.

D.    A violation of this Section constitutes a Class 4 civil infraction under Chapter 1.16 PCC.

(Ord. 96-90 § 1 (part), 1996; Ord. 84-62 § 1 (part), 1984; prior Code § 43.04.050)

8.88.340 Unlawful Dumping.

It shall be unlawful for any person while on any vessel on the waters of the County, to throw or discard into the waters any waste, debris, refuse, oil, garbage, or other fluid or solid material which may pollute the water, or which may create or aggravate any conditions deleterious to the public health. (Ord. 84-62 § 1 (part), 1984; prior Code § 43.04.052)

8.88.350 Unsafe Piers – Fresh Water Only.

Any pedestrian pier, gangway, dock, or portion thereof leading to or on fresh water which, by reason of inadequate maintenance, dilapidation, obsolescence, or damage, poses a risk of injury to person or damage to property is for the purpose of this Section deemed unsafe. All such unsafe piers, gangways, and docks are declared to be public nuisances and shall be abated by repair, demolition, or removed or barricaded with proper fencing until such time as all repairing thereto is made. Upon notification of this condition, the Building Official shall take corrective action under the provisions of Uniform Building Code Section 203. (Ord. 96-90 § 1 (part), 1996; Ord. 84-62 § 1 (part), 1984; prior Code § 43.04.054)

Article III. Vessel Regulations

8.88.360 Personal Watercraft.

A.    A person shall not operate a personal watercraft unless each person aboard that personal watercraft is wearing a personal flotation device approved by the State of Washington.

B.    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 vessel. It is unlawful for any person to remove or disable a cutoff switch that was installed by the manufacturer.

C.    A person shall not operate a personal watercraft during darkness.

D.    A person under the age of 16 shall not operate a personal watercraft on the waters of Pierce County unless they are under direct supervision of a parent or legal guardian who is on board that vessel.

E.    A person shall not operate a personal watercraft in a reckless manner, including recklessly weaving through congested vessel traffic, recklessly jumping the wake of another vessel within 100 yards of the vessel or when visibility around the vessel is obstructed, or recklessly swerving at the last possible moment to avoid collision.

F.    When operating on saltwater, non-destination-bound repetitive maneuvers including, but not limited to, erratic speed and course changes, tight turns, and race course ovals and figure eights can only be done when in an area that is at least 500 yards from any shoreline.

G.    A person shall not lease, hire, or rent a personal watercraft to a person under the age of 16.

H.    A personal watercraft operator shall obey Sections 8.88.150 and 8.88.151, Speed Limits, which includes:

1.    5 mph speed within 200 feet of shoreline.

2.    5 mph speed limit within 100 feet of any vessel moored or underway.

3.    5 mph speed limit within 100 feet of swimmers.

4.    5 mph speed limit within 200 feet of a dock.

5.    A personal watercraft operator shall not exceed 5 mph, do donuts, or create any wake within 300 feet of any boat launch.

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

J.    Violations of subsections A. and H. of this Section constitute a Class 4 civil infraction under Chapter 1.16 PCC.

(Ord. 2003-128s § 1, 2004; Ord. 2001-68 § 1 (part), 2001; Ord. 99-30 § 1, 1999; Ord. 96-89S § 3, 1997)

8.88.370 Safety Devices.

Every owner, agent, or lessee having charge of any commercial or public pier shall furnish and keep for use on such pier, at least one serviceable 30-inch ring life buoy for every 300 lineal feet of mooring/docking space. Attached to said life buoy shall be at least 200 feet of suitable line. Each ring buoy and line attached thereto shall be kept in a suitable box on the pier for the use of the public in case of accident. The box shall be labeled and be at all times kept clear of obstructions. It shall be unlawful to take away, damage, disturb, or destroy said buoy or box except for use in saving life and property. (Ord. 96-90 § 1 (part), 1996; Ord. 84-62 § 1 (part), 1984; prior Code § 43.06.012)

8.88.380 Vessel Rental Period.

A.    The owner or proprietor of a vessel rental or charter operation shall cause to be kept a record of the names and addresses of person or persons hiring any vessel, the identification number of such vessel, the departure date and the time, and the date and time of the return of such vessel. Such record shall be preserved for not less than six months after the departure date of such vessel and shall be kept available for inspection by any duly authorized agency or authority.

B.    It shall be unlawful for the owner or proprietor of a vessel rental or charter operation to allow any vessel under his charge to depart from the premises without all the equipment required by this Chapter.

C.    The owner or proprietor of a vessel rental or charter operation shall make known to all persons hiring a vessel the rules and regulations of this Chapter pertaining to the operation of a vessel on the waters of Pierce County.

(Ord. 96-90 § 1 (part), 1996; Ord. 84-62 § 1 (part), 1984; prior Code § 43.06.014)

8.88.400 Emergency Vessels.

The provisions of this Chapter shall be applicable to the operation of any and all vessels in the waters of the County, except that they shall not apply in the following cases:

To any authorized emergency vessel actually responding to an emergency call or in immediate pursuit of an actual or suspected violator of the law, within the purpose for which such emergency vessel has been authorized. The provisions of this Section shall not relieve the operator of an authorized emergency vessel of the duty to operate with due regard for the safety of all persons, nor shall it protect the operator of any such emergency vessel from the consequences of a reckless disregard for the safety of others. The provisions of this Section shall in no event extend any special privilege or immunity in the operation of an authorized emergency vessel for any purpose other than that authorized.

(Ord. 96-90 § 1 (part), 1996; Ord. 84-62 § 1 (part), 1984; prior Code § 43.06.018)

8.88.410 Directing Traffic Emergency Powers.

The Sheriff is authorized to direct all waterborne traffic, either in person or by means of visible or audible signal. Where necessary to expedite waterborne traffic, to prevent or eliminate congestion, or to safeguard persons or property, authorized officers of appropriate governmental agencies may direct waterborne traffic as conditions may require. (Ord. 96-90 § 1 (part), 1996; Ord. 84-62 § 1 (part), 1984; prior Code § 43.06.020)

8.88.420 Restricted Areas.

In the interest of life, safety, and the protection of property, the Sheriff shall designate restricted areas. No person shall operate a vessel within a restricted area except the patrol of rescue craft or authorized emergency vessel, or when engaged in the activity to which the area is restricted or in the case of an emergency. (Ord. 96-90 § 1 (part), 1996; Ord. 84-62 § 1 (part), 1984; prior Code § 43.06.022)

8.88.430 Marker and Regulatory Buoys.

A.    Marker buoys, approved by the County Sheriff, may be placed as authorized indicating the area of waters of the County within which it shall be unlawful to operate a vessel in excess of the speed limit. The County Sheriff or authorized persons may place, move, remove, or replace marker buoys when deemed necessary by the Sheriff.

B.    It shall be unlawful for any unauthorized person to deliberately damage, place, move, or remove any marker or regulatory buoy or distinguishing device.

C.    It shall be unlawful to moor any vessel or tie any object up to any regulatory buoy.

(Ord. 96-90 § 1 (part), 1996; Ord. 84-62 § 1 (part), 1984; prior Code § 43.06.024)

8.88.440 Boating Advisory Commission.

A.    There is established a Boating Advisory Commission composed of 9 members selected by the County Executive for the purpose of advising the Sheriff, the Executive, and the Council on matters relating to boating conditions and safety. The Boating Advisory Commission shall:

1.    Serve as a continuing advisory board;

2.    Review County watercraft regulations to determine adequacy and consistency with Coast Guard and other federal regulations;

3.    Recommend amendments to County watercraft laws; and

4.    Hold meetings and receive public input as necessary and appropriate on matters coming before them.

B.    Members appointed after September 1, 2004, shall serve 4-year terms or until their successors are appointed and confirmed. No member of the BAC shall serve more than two consecutive full terms. Vacancies shall be filled for expired terms as soon as possible in the manner in which members of the Commission are regularly chosen. Commission members shall not receive a salary or other compensation for their services. The Sheriff or designated appointee, a member of the Sheriff's Office, shall be the Chair of the Commission and shall furnish from regular staff the necessary staff support and materials required by the Commission. The Chair shall have the power of one vote only in such cases where the vote of the Commission is tied.

(Ord. 2014-14 § 1, 2014; Ord. 2004-65 § 1, 2004; Ord. 96-90 § 1 (part), 1996; Ord. 87-50 § 1, 1987; 84-62 § 1 (part), 1984; prior Code § 43.06.026)

8.88.450 Aiding and Abetting Violation.

It is unlawful to counsel, aid, or abet the violation of, or failure to comply with, any of the provisions of this Chapter. (Ord. 96-90 § 1 (part), 1996; Ord. 84-62 § 1 (part), 1984; prior Code § 43.06.028)

Article IV. Specific Rules for Lakes and Other Areas

8.88.460 Class "A" Lakes.

All lakes which are 500 acres or more are Class "A" lakes. The Class "A" lakes are: Lake Tapps, Alder Lake, and Lake Kapowsin.

A.    Special Restrictions for Class "A" Lakes.

1.    It shall be unlawful to operate a motor-powered vessel in excess of five miles per hour between sunset and sunrise on any Class "A" lake.

2.    It shall be unlawful to operate any vessel in excess of 60 miles per hour on any Class "A" lake.

B.    Regulations for Specific Lakes.

1.    Lake Tapps.

a.    It shall be unlawful to operate a motor-powered vessel in excess of five miles per hour within the area known as the Lake Ridge Cove except for the purpose of taking off and landing water-skiers (or other pulled or propelled water device) from the property along the cove, provided that:

(1)    The vessels enter the cove only if they approach the entrance to the cove at a right angle for a distance of not less than 200 feet from the cove entrance on either side;

(2)    Vessels coming out of the cove have priority over vessels coming into the cove;

(3)    A clear water area shall exist prior to any entry into the cove;

(4)    The vessels shall be kept on the right half of the cove;

(5)    The skiers shall stay directly behind the vessel when entering or exiting the cove;

(6)    A distance of 200 feet shall be kept behind all other vessels traveling in the same direction;

(7)    In the event the channel is obstructed, unsafe, or unlawful to proceed, the vessels shall come to a full stop and bring the skier aboard.

b.    It shall be unlawful to wade, swim, take off, or land water-skiers from the beaches at the entrance to the Lake Ridge Cove, for a distance of 100 feet in either direction from the narrowest point of the entrance to Lake Ridge Cove.

c.    It shall unlawful to operate a vessel in excess of five miles per hour within the channels between Lake Ridge Addition and Deer Island, or Deer Island and Island 21, except for the purpose of taking off and landing water-skiers from the property along the channels or the adjacent coves, provided the vessels shall:

(1)    Keep the vessel on the right half of the channel;

(2)    Keep the skier directly behind the vessel;

(3)    Keep a distance of 200 feet behind all other vessels traveling in the same direction;

(4)    Not to pass another vessel in the channel traveling in the same direction;

(5)    Come to a full stop and bring the skier aboard in the event that the channel is obstructed or unsafe or unlawful to proceed.

d.    It shall be unlawful for motorized vessels to anchor, drift, or raft boats together in Deer Island/Lakedridge Cove within 1,000 feet of the fire district emergency rescue boat launch, except at a private dock.

e.    It shall be unlawful for any person to willfully cause the channels to become obstructed or cause a hazard to safety.

f.    It shall be unlawful to raft two or more vessels together in any cove or channel or within 500 feet of shore on Lake Tapps, except in a designated area along Dike 4 near the Pierce County Park. The designated area is generally rectangular in shape, starts 200 feet north of the southwest corner of Dike 4 and extends northerly along the shoreline 1,000 feet and from shore 250 feet west (see Figure 8.88.460-1).

g.    It shall be unlawful for motorized vessels to anchor, drift, or raft boats together within the cove commonly known as Fairweather Cove which is between Driftwood Point and Tacoma Point, extending 2,500 feet from the bridge.

Figure 8.88.460

2.    Alder Lake.

a.    It shall be unlawful to operate any vessel or swim within 200 feet of any log boom located at or on Alder Lake.

b.    It shall be unlawful to operate a vessel in excess of 5 mph, or at any slower speed that creates an appreciable wake, in the area on Alder Lake from the eastern border of Rocky Point Park east to State Route 7 at Elbe.

c.    It shall be unlawful to operate any motorized vessel, except electric trolling motors, in the cove on Alder Lake in the southeast section of Alder Lake Park, which is nearest the intersection of Cemetery and Lillie Dale Rd.

3.    Lake Kapowsin.

a.    Restricted Activities and Vessels. Except for coaching and safety launches, operating under the auspices of the Kapowsin Rowing Center Authority, it shall be unlawful to operate any vessel at a speed in excess of five miles per hour, or to create a wake greater than three inches in height, or to water ski, operate a personal watercraft or similar vessel, or take off or land an airplane on Lake Kapowsin.

b.    Restricted Areas. Training lanes, designated by lines of buoys, shall be set aside for the exclusive use of rowing shells and/or flat water racing canoes or kayaks, and accompanying launches. Other vessels shall confine their activities to the other areas of the lake.

c.    Regattas, Races, and Other Aquatic Events. Events on the Lake will be approved and regulated by the Board of Directors of the Kapowsin Rowing Center Authority. The Kapowsin Rowing Center Authority Board of Directors is hereby granted the authority to close only those portions of the lake and public areas maintained by the Kapowsin Rowing Center Authority for events if, in the sole opinion of the Kapowsin Rowing Center Authority Board, the safety of participants, spectators, or others or the well being of the facilities warrants such a closure; PROVIDED, that any such proposed closure shall be acted upon by the Kapowsin Rowing Center Authority Board of Directors at one of its regular or special meetings. For purposes of this Section, "event" shall mean rowing races and regattas that require the use of four or more racing lanes.

B.    A violation of any provision of this Section constitutes a Class 4 civil infraction under Chapter 1.16 PCC.

(Ord. 2012-8 § 1, 2012; Ord. 2010-64 § 1, 2010; Ord. 2009-60s § 1 (part), 2009; Ord. 2005-36s § 1 (part), 2005; Ord. 2002-124s § 1, 2002; Ord. 2002-84 § 1, 2002; Ord. 96-89S § 3, 1997)

8.88.470 Class "B" Lakes.

All lakes which are 100 acres or greater but less than 500 acres are Class "B" lakes. The Class "B" lakes are: Spanaway Lake, Ohop Lake, Lake Tanwax, Clear Lake, Bay Lake, Harts Lake, and Silver Lake.

A.    Special Restrictions for Class "B" Lakes.

1.    It shall be unlawful to operate any vessel in excess of five miles per hour between sunset and sunrise on any Class "B" lake.

2.    It shall be unlawful to operate any vessel in excess of 40 miles per hour on any Class "B" lake.

B.    Regulations for Specific Lakes.

1.    Spanaway Lake.

a.    It shall be unlawful to operate a vessel in excess of five miles per hour or at any other speed less than five miles per hour which produces a damaging wake within the area formed by drawing an imaginary line from the northernmost part of the Spanaway park boathouse to the nearest point of land on Enchanted Island and then extending said line north to the Enchanted Island Bridge. Waterskiing in this area is prohibited.

b.    It shall be unlawful to operate a vessel in excess of five miles per hour within 200 feet of the Enchanted Island Bridge.

c.    It shall be unlawful to operate a vessel in excess of five miles per hour within the Northwest Cove, from the southernmost point of Enchanted Island as described in paragraph a., and extending southwesterly to the shoreline of Spanaway Lake unless the operator of the vessel is dropping off or picking up a skier from property within the cove.

d.    It shall be unlawful for any boat longer than 22 feet or one 22 feet or less which can cause a damaging wake to launch at the Spanaway Park boat launch without a permit issued by the Sheriff's Department.

e.    There is a maximum of two major racing events per year. A major racing event is one that will have a significant impact on the lake and severely restrict usage of the lake. The event will not occur on a weekend involving a major holiday. Each event can only be of a one day duration. The event sponsor shall pay for the cost of the law enforcement needed for the event. The event sponsors shall provide prior notice of each event to the Spanaway Lake Improvement Club.

2.    Clear Lake. It shall be unlawful to operate any boat that is greater than 22 feet in length or 22 feet or less which can cause a damaging wake on Clear Lake without a permit issued by the Sheriff's Department.

3.    Ohop Lake. It shall be unlawful to operate a vessel on the waters of Ohop Lake at a rate of speed in excess of eight miles per hour, or at a slower speed that produces a damaging wake, except between the hours of 11:00 a.m. and 3:30 p.m., or legal sunset, whichever comes first, each day.

C.    A violation of any provision of this Section constitutes a Class 4 civil infraction under Chapter 1.16 PCC.

(Ord. 96-89S § 3, 1997)

8.88.480 Class "C" Lakes.

All lakes which are 25 acres or greater but less than 100 acres are Class "C" lakes. The Class "C" lakes are: Lake Florence, Lake Rapjohn, Crescent Lake, Lake Louise, Lake Whitman, Twin Lakes, Jackson Lake, Palmer Lake, Lake Josephine, and Lake Holiday.

A.    Special Restrictions for Class "C" Lakes.

1.    It shall be unlawful to operate any vessel in excess of five miles per hour between sunset and sunrise on any Class "C" lake.

2.    It shall be unlawful to operate any vessel in excess of 35 miles per hour on any Class "C" lake.

B.    Regulations for Specific Class "C" Lakes.

1.    Jackson Lake. It shall be unlawful to operate a motor-powered vessel on the waters of Jackson Lake.

2.    Lake Holiday. It shall be unlawful to operate a motor-powered vessel on the waters of Lake Holiday.

3.    Lake Josephine. It shall be unlawful to operate a vessel powered by an internal combustion engine on the waters of Lake Josephine.

4.    Crescent Lake. It shall be unlawful to operate a vessel on the waters of Crescent Lake at a speed in excess of five miles per hour, or at such a slower speed that produces a damaging wake, except between the hours of 11 a.m. and 7 p.m. or legal sunset, whichever comes first, each day.

C.    A violation of any provision of this Section constitutes a Class 4 civil infraction under Chapter 1.16 PCC.

(Ord. 2005-32 § 1, 2005; Ord. 96-89S § 3, 1997)

8.88.490 Class "D" Lakes.

All lakes which are smaller than 25 acres are Class "D" lakes.

A.    Special Restrictions for Class "D" Lakes. It shall be unlawful to operate any vessel in excess of five miles per hour on any Class "D" lake.

B.    A violation of any provision of this Section constitutes a Class 4 civil infraction under Chapter 1.16 PCC.

(Ord. 96-89S § 3, 1997)

8.88.500 Saltwater Areas.

A.    Special Restrictions for Saltwater Areas. [Reserved]

B.    Regulations for Specific Saltwater areas.

1.    Amsterdam Bay. It shall be unlawful to operate a vessel on the waters within Amsterdam Bay and its Cove at a rate of speed in excess of five miles per hour, or at such a slower speed that produces a damaging wake.

2.    Day Island Lagoon. It shall be unlawful to operate a vessel on the waters of Day Island Lagoon or within 200 feet of the entrance to Day Island Lagoon at a rate of speed in excess of five miles per hour or at such a slower speed that produces a damaging wake.

3.    Gig Harbor. It shall be unlawful to operate a vessel on the waters of Gig Harbor or within 200 feet of the entrance to Gig Harbor at a rate of speed in excess of five miles per hour or at such a slower speed that produces a damaging wake.

4.    Lay Inlet. It shall be unlawful to operate a vessel on the inner waters of Lay Inlet at a rate of speed in excess of five miles per hour or at such a slower speed that produces a damaging wake.

C.    A violation of any provision of this Section constitutes a Class 4 civil infraction under Chapter 1.16 PCC.

(Ord. 96-89S § 3, 1997)

8.88.510 Rivers, Launching and Fishing.

A.    Puyallup and Carbon Rivers. Members of the public may fish and launch boats from those portions of the banks and beds of the Puyallup and Carbon Rivers which are owned by Pierce County for flood control purposes, insofar as such activities do not interfere with flood control facilities and activities.

B.    Facilities – Interference with Flood Control. The Washington State Department of Fish and Wildlife may establish and maintain vehicle parking and boat launching facilities along and upon those portions of the banks and beds of the Puyallup and Carbon Rivers which are owned by the County for flood control purposes, insofar as the establishment and maintenance of such facilities do not interfere with flood control facilities and activities.

C.    Puyallup and White Rivers. Members of the public may fish and launch boats from these portions of the banks and beds of the Puyallup and White Rivers which are owned by King County and Pierce County for intercounty river improvement purposes, insofar as such activities do not interfere with river improvement facilities and activities.

D.    Facilities – Interference with Improvements. The Washington State Department of Fish and Wildlife may establish and maintain vehicle parking and boat-launching facilities along and upon those portions of the banks and beds of the Puyallup and White Rivers which are owned by King County and Pierce County for intercounty river improvement purposes, insofar as the establishment and maintenance of such facilities do not interfere with river improvement facilities and activities.

(Ord. 96-89S § 2 (part), 1997; Ord. 84-62 § 1 (part), 1984; prior Code § 43.08.034)

8.88.520 Testing Areas and Times.

Testing areas and allowed times for registered race boats as mentioned in Section 8.88.230 are as follows:

A.    Lake Tapps. Saturday from 10 a.m. to 1 p.m.; Wednesday from 4 p.m. to 7 p.m. Testing course is located on the north side of an imaginary line drawn from the northernmost part of the Pierce County Park boat launching ramp and extending due west to Tacoma Point.

B.    Closures. Lake Tapps is closed for testing from December 1 to the last day in February.

(Ord. 2001-68 § 1 (part), 2001; Ord. 96-89S § 2 (part), 1997; Ord. 84-62 § 1 (part), 1984; prior Code § 43.08.036)

Article V. Penalties

8.88.600 Penalties Designated.

It shall be unlawful for any person to violate any provision of this Chapter and unless specifically designated as a civil infraction, any violation shall constitute a misdemeanor. (Ord. 96-90 § 1 (part), 1996; Ord. 90-22S § 1, 1990; Ord. 84-62 § 1 (part), 1984; prior Code § 43.10.010)