Chapter 8.12 BOATING AND RECREATIONAL WATER ACTIVITIES*

(2) “Bona fide dealer” means one who buys and sells boats in the normal course of his business, but does not include the private sale of a motorboat between two individuals.

(3) “Motorboat” means any vessel propelled in any respect by machinery, including those temporarily equipped with detachable motors; provided, that for the purposes of this chapter, the term “motorboat” shall not include motorboats with motors, either permanent or temporary, less than 7-1/2 horsepower in size; motorboats engaged in interstate and foreign commerce; motorboats regulated by the Washington Utilities and Transportation Commission; motorboats owned and operated by the United States, or any state or political subdivision of any state; and commercial fishing vessels when operated by a person holding a commercial fishing license as provided in RCW Chapter 75.28.

(4) “Person” means any natural person, partnership, association or corporation.

(5) “Sheriff” means the sheriff of Yakima County or any duly appointed deputy sheriff of Yakima County.

(6) “Vessel” means any contrivance used or designed for navigation on water, including seaplanes when operated on waters of this county; provided, that for the purpose of this chapter, the term “vessel” shall not include watercraft less than ten feet in length; vessels engaged in interstate and foreign commerce; vessels regulated by the Washington Utilities and Transportation Commission; vessels owned and operated by the United States, or any state or political subdivision of any state; and commercial fishing vessels when operated by a person holding a commercial fishing license as provided in RCW Chapter 75.28; provided, further, that the term “vessel” shall not include kayaks or canoes.

(Ord. 1-1982 §1, 1982).

8.12.020 United States Code.

All vessels and motorboats operated and used upon the waters of Yakima County shall, in all respects, conform to the requirements of the United States Code, Title 46, Section 526, as amended, and the rules and regulations promulgated thereunder insofar as all lifesaving equipment, safety equipment, lighting equipment and all other equipment and devices therein specified. Three copies of such code and regulations are on file in the office of the county auditor and one copy is on file with the city clerk of each city of the county.

(Ord. 1-1982 §2, 1982).

8.12.060 Prohibited Acts.

(1) No person shall operate any vessel, or manipulate any water skis, surfboard or similar device in a disorderly, grossly indifferent, reckless or negligent manner so as to endanger the life, limb or property of any person. No person shall operate a vessel at a rate of speed greater than will permit him in the exercise of reasonable care to bring the vessel to a stop within the assured clear distance ahead.

(2) It shall be unlawful for any person to operate any vessel or manipulate any water skis, surfboard or similar device while under the influence of or affected by the use of intoxicating liquor or narcotic or habit-forming drugs.

(3) It shall be unlawful for any minor under the age of sixteen years to operate or be permitted, by the owner or person having charge of a motorboat, to operate a motorboat powered by a motor of ten horsepower or more unless accompanied by a person who is legally capable of operating such motorboat.

(4) It shall be unlawful for any person owning or in charge of a vessel to authorize the same to be operated by any person under the influence of or affected by the use of intoxicating liquor or narcotic or habit-forming drugs or by any person who by reason of a physical or mental disability would be incapable of operating such vessel.

(Ord. 1-1982 §6, 1982).

8.12.070 Safe Carrying Capacity.

It shall be unlawful for any vessel to be loaded with passengers or cargo which exceed the safe carrying capacity of the vessel. Where the safe carrying capacity of a vessel is specified by the manufacturer, such limitation shall be considered the maximum safe loading for the purposes of this chapter.

(Ord. 1-1982 §7, 1982).

8.12.080 Safe Power Capacity – Restrictions.

It shall be unlawful for any motorboat to be equipped with any motor or propulsion machinery beyond its safe power capacity, taking into consideration the type of construction of such vessel. Where the manufacturer of a vessel has specified the maximum safe horsepower for a particular boat, such maximum shall be considered the limit of safe capacity for the purposes of this chapter. The responsibility for not overloading or overpowering any vessel shall be with the operator of such vessel.

(1) No person shall operate on Clear Lake within Yakima County any vessel or motorboat having in tow a person or persons on water skis, aquaplane or other similar contrivance.

(2) No person shall operate on Clear Lake within Yakima County any vessel or motorboat at a speed in excess of five miles per hour.

(Ord. 1-1982 §8, 1982).

8.12.090 Boat Livery Record.

The owner of a boat livery shall keep a record of the name and address of the person or persons hiring any vessel; the identification number thereof, if any; and departure time and expected time of return. The record shall be preserved for at least thirty days and shall be available for inspection by the sheriff at all reasonable hours.

(Ord. 1-1982 §9, 1982).

8.12.100 Restricted Areas Marked by Devices.

No person shall operate a vessel within a water area which has been clearly marked with buoys, skin diving markers, or some other distinguishing device as a bathing, swimming, skin diving, or otherwise restricted area; provided, that this section shall not apply in cases of emergency.

(Ord. 1-1982 §10, 1982).

8.12.110 Motorboat Towing Regulations.

A motorboat which shall have in tow or shall be otherwise assisting a person on water skis, aquaplane or similar contrivance:

(1) Shall be occupied by at least two competent persons;

(2) Shall not be operated from the period of sunset to sunrise; provided, this subsection shall not apply to motorboats used in duly authorized water ski tournaments, competitions, exhibitions, or trials thereof;

(3) Shall be operated in a careful and prudent manner and at a reasonable distance from persons and property. Unless conditions of the water, congestion, weather or other circumstances demand a greater distance, a reasonable distance shall be not less than twenty-five yards from any swimming dock or float, boat moorage, buoyed area, skin diving area, or similar restricted area;

(4) Shall not be operated in such a way as to cause the water skis, aquaplane, or similar device, or any person thereon to collide with or strike against any person or object, other than a jumping ramp or in conjunction with skiing over a slalom course.

(Ord. 1-1982 §11, 1982).

8.12.120 Waterskier – Life Preserver Required.

It shall be unlawful for any person to operate any motorboat, or other device, towing a waterskier or for any person to water ski behind any motorboat or other device unless said waterskier shall be wearing a life preserver, buoyant vest or other buoy or cushion of a type approved by the commandant, U.S. Coast Guard, in good and serviceable condition.

(Ord. 1-1982 §12, 1982).

8.12.130 Special Events – Permit Application.

The county sheriff may authorize the holding of regattas, motorboat races, tournaments or exhibitions, water ski tournaments, or other commercial events on any waters of this county not otherwise restricted by Section 8.12.195. Persons or organizations desiring to sponsor such events shall apply to the sheriff at least ten days in advance of the commencement of such events for a permit. Such application shall be submitted on forms provided by the sheriff and shall specify the waters and general area where the event shall be held; the buoys or other marking devices the sponsor of such event shall place upon the waters to set off any race course or other area; the provisions made by the sponsors for patrolling to prevent the unauthorized entry into the area of nonparticipants; the rescue and safety measures that shall be provided to insure the safety of participants and others from injury or damage; the dates of such events, including the dates of trial practice or preliminary events; and such other information as the sheriff may require to fully inform him of the nature and extent of such event.

(Ord. 1-1982 §13(part), 1982).

8.12.135 Special Events – Permit Fees and Bond.

Each application shall be accompanied by a permit fee of twenty-five dollars. The sheriff of Yakima County, Washington, before issuing any permit for the holding of regattas, motorboat or other boat races, tournaments or exhibitions, water ski tournaments or other commercial events in any waters of this county, not otherwise restricted by Section 8.12.195* shall require a surety bond from the applicant for the permit, being for the payment of all damages which may be caused either to person or persons or to property by reason of the event and arising from any acts of the holder of the permit, his agents, employees, or subcontractors, and to insure that requirements for markers, rescue equipment or other safety conditions stated in the application finally approved, are actually provided. The bond shall run to Yakima County, Washington, for the use and benefit of any person, firm, copartnership or municipality having a cause of action against the obligor of the bond.

The surety bond shall be issued by a surety company authorized to do business in the state of Washington, in an amount of ten thousand dollars, and shall be in the following form:

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: That ____________ whose address is ________________, hereinafter called the Principal, and ____________, a corporation organized under the laws of the State of ________________, with its home office being _____________________, hereinafter called the Surety, are held and firmly bound unto the County of Yakima, Washington, a municipal corporation, hereinafter called the Obligee, in the amount of Ten Thousand Dollars ($10,000), lawful money of the United States of America, for the payment whereof to the Obligee; the Principal bonds itself, its heirs, executors, administrators, successors and assigns, and the Surety bonds itself, its successors and assigns, jointly and severally, firmly by these presents.

SIGNED, SEALED & DATED this ______ day of _________________, 20___.

WHEREAS, by application dated the ________ day of ____________, 20_____, to the Yakima County Sheriff of Obligee, the Principal has applied for a permit from Obligee to hold a regatta, motorboat race, tournament or exhibition, water ski tournament, or other commercial event on the waters of Yakima County, Washington, on the __________ day of _________, 20_______, and has further complied with conditions precedent to the issuance of such a permit, all pursuant to and in accordance with Chapter 8.12 “Boating Safety Ordinance,” of the Yakima County Code, which application is incorporated herein and made a part hereof by reference.

NOW, THEREFORE, the condition of the foregoing obligation is such that if the Principal shall complete all safety measures and assumes liability for payment of all damages which may be caused either to person or persons or to property by reason of said event and arising from any acts of the holder of the permit, then this obligation shall be void; otherwise, on notice from the Yakima County Sheriff of Obligee that the foregoing condition has not been met, the Surety shall forthwith undertake to do and/or complete the work required to be performed by the Principal as referred to and described above, and this bond shall remain in full force and effect until such work is completed.

IN WITNESS WHEREOF, the parties have executed this bond on the date first above mentioned.

_______________________________

[Surety]

By: ____________________________

____________________________

[Principal]

Approved as to form:

________________________

[Yakima County Deputy Prosecuting Attorney]

Such bond shall be subject to approval by the Yakima County prosecuting attorney as to proper execution.

Cash or certified check may be deposited with the county by the applicant in lieu of, and in the same amount as, the bond required by this section, which cash deposit shall be held by the county subject to the same conditions required in said bond, with an appropriate amount of said cash deposit to be returned to the applicant upon satisfaction of all liabilities, if any, arising out of the activity performed under the permit.

Within ten days after receiving such application, if adequate provision is made for the safety of the participants and the general public, the sheriff shall issue a permit for such event. Such permit shall be issued subject to the condition that the applicant will fulfill the provisions specified in the application finally approved. If at any time the sponsors or participants in such event violate any of the conditions contained in the application, such permit may be revoked by the sheriff in the name of the county for the public safety.

The provisions of Sections 8.12.130 and 8.12.135 shall not exempt any person from compliance with applicable federal law or regulation, but nothing contained in Sections 8.12.130 and 8.12.135 shall be construed to require the securing of a county permit pursuant to Sections 8.12.130 and 8.12.135 if a permit therefor has been obtained from an authorized agency of the United States.

(Ord. 1-1982 §13(part), 1982).

8.12.140 Operation Near Shoreline Restricted.

It shall be unlawful for any motorboat or seaplane to be operated within fifty yards of any shoreline except at its idling speed; provided, that motorboats or seaplanes may be operated within the fifty-yard limit at a greater speed under a special permit issued under the provisions of Sections 8.12.130 and 8.12.135 or in areas specially designated under the provisions Section 8.12.190.

(Ord. 1-1982 §14, 1982).

8.12.150 Littering.

It shall be unlawful for any person to deposit refuse, foreign matter or litter in the waters of Yakima County.

(Ord. 1-1982 §15, 1982).

8.12.160 Accident Report.

Any person operating a vessel, water skis, aquaplane or similar device which has collided with any person or property of another, causing property damage in excess of fifty dollars, or personal injury, shall within twenty-four hours report such collision to the sheriff. The sheriff shall provide forms upon which such reports may be filed.

(Ord. 1-1982 §16, 1982).

8.12.170 Skin Diving Regulations.

Persons engaging in skin diving shall mark the water areas where such operations are being conducted with buoyed flags of sufficient size so that they may be seen at a distance of not less than one hundred yards under normal visibility conditions; provided, that where skin diving operations are conducted between the hours of sunset and sunrise, artificially illuminated marker buoys shall be provided which are visible at a distance of not less than one hundred yards under normal visibility conditions.

(Ord. 1-1982 §17, 1982).

8.12.180 Mooring Buoy Marking.

Any boat mooring buoy placed upon the waters of this county shall be so marked that it will be clearly visible at a distance of not less than one hundred yards, under normal daylight visibility conditions.

(Ord. 1-1982 §18, 1982).

8.12.190 Yakima River – Operation Near Shoreline.

Motorboats or seaplanes may be operated within fifty yards of any shoreline at a speed greater than idling speed at the following designated locations:

(1) The Yakima River, but only as provided in Section 8.12.195.

(Ord. 1-1982 §19, 1982).

8.12.195 Restrictions Due to Safety Hazards.

(1) Because of their relatively small area, tendency to contain snags or submerged water hazards, or other safety hazards existing thereon, the areas or bodies of water set out below shall be subject to the following restrictions:

(a) In no case shall a motorboat operating in the Yakima River operate at greater than five miles per hour within fifteen feet of any shoreline, except as otherwise provided in Section 8.12.130.

(b) All motorboats traveling on the Yakima River within Yakima County shall be operated according to the following general rules:

(i) Motorboats traveling generally in a southerly and easterly direction (downstream) shall be operated as near as conditions allow to, but not less than fifteen feet from, their starboard (right) shoreline when proceeding downstream.

(ii) Motorboats traveling generally in a northerly and westerly direction (upstream) shall be operated as near as conditions allow to, but not less than fifteen feet from, their starboard (right) shoreline when proceeding upstream.

(iii) In any area where a circular traffic pattern is possible, motorboats shall be operated at all times in a counterclockwise direction.

(iv) No operator shall alter his course or change direction without first giving reasonable visible signal to other traffic on the river which might be affected by said turn or change of course.

(v) The person operating a boat on the Yakima River or the person aboard and in charge of operation shall at all times maintain its operation in a safe manner, using reasonable care; taking into consideration the limited areas for motorboat operation upon the waters of said river.

(2) The sheriff shall annually prepare and post at convenient public places adjacent to the areas listed above, public notices which shall specify the specific restrictions applicable to the particular area as set out in this chapter. Notices shall be posted on the wharf or dock of each boat livery and adjacent to public launching ramps, docks or wharves and at such locations as will reasonably inform the boating public of these restrictions.

(Ord. 1-1982 §23, 1982).

8.12.200 Enforcement.

It shall be the duty of the sheriff to enforce the provisions of this chanter. When a violation of this chapter is made in the sheriff’s presence, he may board any vessel and may arrest the violator. In all other cases, arrests for violation of this chapter shall be made pursuant to warrant issued by a justice of the peace, or judge.

(Ord. 1-1982 §20, 1982).

8.12.210 Violation – Citation.

Whenever any person is arrested for any violation of this chapter the arresting officer shall serve upon him a citation and notice to appear in court. The arrested person must give his written promise to appear in court, as required by the citation and notice, by signing in the appropriate place the written citation and notice served by the arresting officer. Upon the arrested person’s failing or refusing to sign such written promise, he may be taken into the custody of such arresting officer and so remain or be placed in confinement.

(Ord. 1-1982 §21, 1982).

8.12.220 Violation – Fine.

Any person who violates any provision of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than two hundred fifty dollars.

(Ord. 1-1982 §22, 1982).