Chapter 10.36 WATERCRAFT

The purpose of this chapter is to promote safety and enjoyment of persons using the waters of this county. This chapter is intended to supplement but not infringe upon the boating safety laws and regulations of the state of Washington and the United States.

(Ord. 359 (2006) § 1, 2006: Ord. 133-A (1992) § 1, 1992)

10.36.020 Definitions.

The words listed below as used in this chapter mean as follows:

(1) “Abandoned vessel” shall have the same meaning as defined in RCW 79.100.010.

(2) “Aquatic lands” means all tidelands, shorelands, harbor areas, and the beds of navigable waters, including lands owned by other public or private entities.

(3) “Authorized emergency vessel” means those vessels of a county or municipal police or fire department, the United States Government and the state of Washington equipped with emergency warning lights and siren.

(4) “Derelict vessel” shall have the same meaning as defined in RCW 79.100.010.

(5) “Diver’s flag” means a red and white flag five units of measurement on the hoist by six units of measurement on the fly with a white stripe of one unit crossing the red diagonally (the flag to have a stiffener to make it stand out from the pole or mast). This flag shall only pertain to skin and SCUBA (self-contained underwater breathing apparatus) diving and shall supplement any nationally recognized diver’s flag or marking. Unit of measurement shall not be less than two inches.

(6) “Motorboat” means any vessel propelled in any respect by machinery and/or any vessel air/water jet propelled, including those temporarily equipped with detachable motors, and including personal watercraft commonly known as “jet skis.”

(7) “Operator” means the person who is in control or in charge of a vessel while it is in use.

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

(9) “Personal flotation device” means life preservers, buoyant vests, special-purpose water safety devices, buoyant cushions, ring buoys, and work vests.

(10) “Pier” means any commercial, public, or private pier, wharf, dock, float, gridiron or other structure intended to provide for the loading or unloading or other discharge of vessels or for their service or repair, or to provide access for persons to the water from the shore for fishing, swimming or any other water-related activity.

(11) “Restricted area” means an area that has been designated to be used for, or closed to, certain purposes such as swimming, underwater diving and competitions or exhibitions, or for emergency purposes. Restricted areas may be designated by the Kitsap County commissioners or by the exercise of emergency powers as set out in Section 10.36.235.

(12) “Swimming” means floating on an air mattress, inner-tube or other similar inflatable device (not including inflatable rafts) as well as propelling or floating oneself in the water.

(13) “Underwater diving” means the activity of submerging in water while equipped with snorkeling, hard hat, or scuba diving equipment.

(14) “Vessel” means any contrivance used or designed for navigation or as a means of transportation on water.

(15) “Waterborne traffic” in addition to its ordinary meaning, means any vessel or person that floats, moves or is otherwise supported by water.

(16) “Waters” means all navigable waters, salt and fresh, in Kitsap County.

(17) “Water skier” means a person in tow from a vessel riding on water skis, aquaplane, surfboard, or other similar device.

(Ord. 359 (2006) § 2, 2006: Ord. 133-A (1992) § 2, 1992)

10.36.030 Numbering required.

All vessels used on the waters of this county shall be numbered or designated in accordance with any applicable United States or Washington State law as now or hereafter amended.

(Ord. 133-A (1992) § 3, 1992)

10.36.040 Equipment.

A vessel shall carry and use in the manner prescribed that equipment, including personal flotation devices, visual distress signals, means of ventilation, navigation lights, fire extinguishing equipment, and backfire flame control devices required for such vessel by WAC Chapter 352-60 (Exhibit A, attached to the ordinance codified in this chapter) as now or hereafter amended.

(Ord. 133-A (1992) § 4, 1992)

10.36.050 Whistles and lights.

Except when necessary as a warning or in an emergency it is unlawful for any person to blow or sound a whistle or horn of any vessel or shine a searchlight or other bright light onto any houseboat or other residence, or onto the bridge or into the pilothouse or any other area of any vessel under way in a manner likely to reduce the vision of the operator.

(Ord. 133-A (1992) § 5, 1992)

10.36.060 Mufflers.

(a) It is unlawful for any person to operate any vessel, except aircraft, which is not equipped with a functioning underwater exhaust or a properly installed and adequately maintained muffler. Any of the following defects in the muffling system shall constitute a violation of this section:

(1) The absence of a muffler;

(2) The presence of a muffler cut-out, bypass, or similar device;

(3) Defects in the exhaust system, including, but not limited to pinched outlets, holes, or rusted-through areas of the muffler or pipes;

(4) The presence of equipment which will produce excessive or unusual noise from the exhaust system;

(5) Dry stacks or water-injected stacks not containing a series of chambers or mechanical designs effective in reducing sound.

(b) Regardless of the type of exhaust system or muffler used, no motorboat shall exceed any noise requirements set forth in Chapter 10.28 of this code, as now or hereafter amended.

(Ord. 133-A (1992) § 6, 1992)

10.36.070 (Repealed)*

* Editor’s Note: Former Section 10.36.070, Negligent operation, derived from § 7 of Ord. 133-A (1992), was repealed by § 3 of Ord. 359 (2006).

10.36.080 (Repealed)*

* Editor’s Note: Former Section 10.36.080, Reckless operation, derived from § 8 of Ord. 133-A (1992), was repealed by § 4 of Ord. 359 (2006).

10.36.090 (Repealed)*

* Editor’s Note: Former Section 10.36.090, Operation while under the influence of alcohol and/or drugs, derived from § 9 of Ord. 133-A (1992), was repealed by § 5 of Ord. 359 (2006).

10.36.100 Incapacity of operator.

It is unlawful for any person who owns or is in control of any vessel to authorize or knowingly permit the same to be operated by any person who by reason of physical or mental disability, incapacity or immaturity is incapable of operating such vessel under the prevailing circumstances, including the type, size and motive power of the vessel, and the weather and water conditions.

(Ord. 133-A (1992) § 10, 1992)

10.36.110 Underage operator.

It is 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 over the age of eighteen. Provided that, supervision by an adult is not required of a minor under the age of sixteen who has completed the U.S. Coast Guard Basic Boating Safety Course, Power Squadron Boating course or other recognized boating safety course, and has received a certificate therefor.

(Ord. 133-A (1992) § 11, 1992)

10.36.120 Steering and sailing.

Except as provided elsewhere herein, all vessels using the waters of Kitsap County shall comply with the steering and sailing rules contained in the International Regulations For Preventing Collisions At Sea, 1972, also known as the 72 COLREGS (Codified by Title 33, CFR, Part 81-72 and Appendix A thereof).

(Ord. 133-A (1992) § 12, 1992)

10.36.130 Speed limit.

Except as permitted in Section 10.36.270, it is unlawful for any person to operate a vessel at a speed sufficient to create a wake or in excess of seven nautical miles per hour, whichever is less, within one hundred fifty feet of any shoreline, pier, breakwater or restricted area.

(Ord. 133-A (1992) § 13, 1992)

10.36.140 Interference with navigation.

No person shall operate a vessel in a manner which unreasonably or unnecessarily interferes with the operation of another vessel or the launching of any vessel at any public boat launching ramp. Anchoring or moorage under a bridge or in a channel or in an approach to a public boat launching ramp shall constitute interference with navigation.

(Ord. 133-A (1992) § 14, 1992)

10.36.150 Mooring at private docks without permission.

No person shall moor a vessel to a private seawall or pier unless licensed, invited or otherwise privileged to do so, or beach a vessel upon private property if notice against trespass is personally communicated to the owner or operator of the vessel by the owner of the private beach or some other authorized person, or if notice is given by posting in a conspicuous manner.

(Ord. 133-A (1992) § 15, 1992)

10.36.160 Exemption to authorized emergency vessels.

The provisions of this chapter shall be applicable to the operation of any and all vessels in the waters of Kitsap County except that they shall not apply to any authorized emergency vessel responding to an emergency or in pursuit of an actual or suspected violator of the law or to a vessel in distress.

(Ord. 133-A (1992) § 16, 1992)

10.36.170 Yielding right-of-way to authorized emergency vessels.

It shall be the duty of the operator of a vessel to yield the right-of-way by reducing speed and, if necessary, stopping his vessel upon the approach of an emergency vessel displaying a warning light and sounding a siren.

(Ord. 133-A (1992) § 17, 1992)

10.36.180 Boating accident and casualty reports.

The operator of any vessel shall complete a boating accident and casualty report as required and in the manner provided by WAC Chapter 352-70 (Exhibit B, attached to the ordinance codified in this chapter) as now or hereafter amended.

(Ord. 133-A (1992) § 18, 1992)

10.36.190 Obedience to peace officers.

No person shall willfully fail or refuse to comply with the direction of a law enforcement officer, who is at the time discharging the duty of regulating and directing waterborne traffic.

(Ord. 133-A (1992) § 19, 1992)

10.36.200 Refusal to stop.

No person shall, while operating or in charge of a vessel, refuse or neglect to stop when signaled to stop by any law enforcement officer.

(Ord. 133-A (1992) § 20, 1992)

10.36.210 Examination of equipment

No person shall, while operating or in charge of a vessel, refuse to permit a law enforcement officer to make an examination of any equipment of such vessel.

(Ord. 133-A (1992) § 21, 1992)

10.36.220 Overloading and overpowering.

No person shall knowingly load or power a vessel beyond the maximum capacity specified by the manufacturer for such vessel.

(Ord. 133-A (1992) § 22, 1992)

10.36.230 Restricted areas.

The board of Kitsap County commissioners may designate certain restricted areas for a specific purpose or activity. No person shall operate a vessel within a restricted area; provided, that this section shall not apply to vessels engaging in or accompanying the activity to which the area is restricted.

(Ord. 133-A (1992) § 23, 1992)

10.36.235 Directing waterborne traffic and designation of restricted areas – Emergency powers.

(1) Directing Traffic Emergency Powers. The sheriff or his/her designee and/or authorized officers of appropriate county governmental agencies may, to the extent conditions require, direct waterborne traffic when necessary to:

(a) Expedite waterborne traffic;

(b) Prevent or eliminate congestion; and/or

Waterborne traffic may be directed either in person or by means of visible or audible signal.

(2) Emergency Restricted Area – No Entry.

(a) The sheriff or his/her designee and/or authorized officers of appropriate county governmental agencies may, to the extent conditions require, designate restricted areas when necessary to safeguard person, property or marine mammals listed as “Endangered Species Act – Listed Marine Mammals.”

(b) 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.

(c) Unless otherwise designated, extended or modified, the designation of restricted areas shall automatically expire after seven days.

(3) Emergency Restricted Area – Limited Use:

(a) The sheriff or his/her designee and/or authorized officers of appropriate county governmental agencies may, to the extent conditions require, designate restricted limited use areas when necessary to:

(i) Expedite waterborne traffic;

(ii) Prevent or eliminate congestion; and/or

(iii) Safeguard person, property or marine mammals listed as “Endangered Species Act – Listed Marine Mammals.”

The restrictions imposed upon the limited use area may include the designation of a maximum speed limit and/or no-wake zone.

(b) No person shall operate a vessel within a restricted limited use area in violation of the restrictions imposed 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.

(c) Unless otherwise designated, extended or modified, the designation of restricted limited use areas shall automatically expire after seven days.

(4) The sheriff or his/her designee and/or authorized officers of appropriate county governmental agencies shall conspicuously post notice of restricted areas at points of public access to waterways, boat launches, and marinas within the restricted area. Notice shall include a description of the restricted area, a map of the restricted area, and notice of the date of designation and expiration of the restricted area.

(5) Violation of the provisions of this section is a Class I civil infraction.

(Ord 359 (2006) § 6, 2006)

10.36.240 Regattas, races, or aquatic events.

(a) Definitions.

(1) “Regatta” or “race” or “aquatic event” means an organized water event on the waters of Kitsap County of limited duration, which is conducted according to a prearranged schedule which requires more than routine sheriff’s patrol and emergency services support.

(2) “Frequency” means the number of regattas, races or aquatic events which may be held pursuant to the application and permit procedures provided for herein.

(b) Submission of Application. An individual or organization, planning to hold a regatta, race, or aquatic event which, by its nature, circumstances or location, may introduce extra or unusual hazards to the safety of life on the waters of Kitsap County, shall submit an application to the Kitsap County sheriff’s office for approval of application, which shall be sent to the county commissioners for permission to hold such an event.

(c) Where such events are to be held regularly or repeatedly in a single area by an individual or organization, the county commissioners may, subject to conditions set from time to time by them, grant a permit for such series of events for a fixed period of time, not to exceed one year, and may, upon a demonstration that such events would not require county law enforcement supervision on shore or on the water and would not otherwise pose a safety problem, waive the fee and other requirements of this section upon request of the sponsoring organization.

(d) Applications shall be submitted on forms provided by the commissioner’s office and shall be submitted no less than ninety days prior to the start of said event and in any case not later than the first day of the month of May of the year of the event. Each application shall be accompanied by a permit fee of two hundred dollars, to be paid to the county commissioners before submitting the application pursuant to subsection (b) of this section.

(e) The application shall include the following details:

(1) The name and address of sponsoring organization;

(2) The name and address and telephone number of person or persons in charge of the event;

(3) The nature and purpose of the event;

(4) Information as to general interest;

(5) Estimated number and types of watercraft participating;

(6) Estimated number of spectator watercraft;

(7) Estimated number of persons, participants, and all others;

(8) Minimum number of boats and persons being furnished by sponsoring organizations to patrol the event;

(9) A time schedule and detailed description of events;

(10) A section of a chart or scale drawing showing the boundaries of the event, various watercourses or areas to be utilized by participants, officials, and spectators;

(11) Placement and removal of the buoys or other marking devices the sponsor of such event shall place upon the waters to set off any racecourse or other area;

(12) The provisions made by the sponsors for private patrolling to prevent the unauthorized entry into the area of nonparticipants;

(13) The rescue and safety measures, including marked rescue boats, that shall be provided to insure the safety of participants and others from injury or damage;

(14) Provisions made for ambulances to be standing by;

(15) Provisions made for adequate toilet facilities for participants and spectators;

(16) Provisions made for cleanup after the event;

(17) Prior inspection of participating boats to determine that they meet specifications as required for mufflers as listed in Section 10.36.060; and

(18) Such other information as the Kitsap County sheriff s office may require to fully inform it of the nature and extent of such event.

(f) Upon receiving an application to hold a regatta, race or event, the Kitsap County sheriff s office shall take the following actions or make the following determinations:

(1) That the proposed regatta, race or event may be held in the proposed location with safety to life and property;

(2) That the interest of safety of life and property requires changes in the application before it can be approved;

(3) That the event requires no regulation or patrol of the proposed location;

(4) That the application be recommended for approval or rejection by the commissioners for stated reasons.

(g) The application shall be sent with the recommendations of the Kitsap County sheriff’s office to the county commissioners not less than thirty days prior to the event.

(h) The county commissioners may, before taking action on the application, require the sponsoring organization to petition or poll the property owners on the waters which would be affected by the event. The county commissioners may also require that the sponsoring group post notice in the local paper and/or at the proposed site of the event, prior to their taking action on said application.

(i) The county commissioners may close for general use any part or all of any waters for the purpose of the event, provided the approval of the application is on the condition that all terms specified in the application be met by the sponsoring group.

(j) The county commissioners may require a surety bond deemed adequate and subject to their approval, from the holder of the permit, being for the 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, 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. Said bond shall run to Kitsap County for use and benefit of any person, firm, copartnership or municipality having a cause of action against the obligor of said bond.

(k) Each application shall be accompanied by a certificate of insurance showing that the sponsor has obtained public liability, bodily injury, property damage and liquor liability insurance for the 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, its agents, employees, or subcontractors, and to insure that requirements for markers, rescue equipment or other safety conditions stated in the application as finally approved, are actually provided. Kitsap County shall be named as an additional insured and shall be notified by the insurer at least twenty days prior to any cancellation of the insurance, which shall have a minimum coverage of one million dollars per accident.

(l) The approval of any application and granting of a permit is within the discretion of the Kitsap County board of commissioners as set forth in this section.

(m) Permits that are issued are subject to the condition that the applicant will fulfill the provisions specified in the application as 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.

(n) It shall be unlawful to tamper with or remove any cautionary signs as required, except by the applicant as specified in subsection (e) of this section.

(o) Any testing for a motorboat race or regatta authorized under this section shall be limited as further authorized in the application as finally approved.

(Ord. 133-A (1992) § 24, 1992)

10.36.250 Swimming.

(a) Swimming shall be confined to:

(1) Restricted areas designated for swimming only; or

(2) The area within one hundred feet from a pier, the shore, or a vessel accompanying the swimmer. Such vessel shall display a red flag.

(b) Except in an emergency, swimming is prohibited at all times within designated channels.

(Ord. 133-A (1992) § 25, 1992)

10.36.260 Underwater diving.

(a) Underwater diving is prohibited:

(1) In any area unless the diver is accompanied by a vessel or the diving occurs within three hundred feet of a properly displayed diver’s flag; and

(2) Within three hundred feet of any ferry slip, public boat ramp, or restricted area designated for swimming only, except pursuant to a permit issued by the board of Kitsap County commissioners.

(b) It is unlawful to operate a vessel within three hundred feet of a diver’s flag.

(Ord. 133-A (1992) § 26, 1992)

10.36.270 Water skiing.

(a) No vessel shall be operated with a water skier in tow unless:

(1) The vessel is occupied by two persons capable of operating it;

(2) It is over one hundred fifty feet from the shoreline at any tidal elevation and any pier or restricted area thereof; provided, that the water skiers may start at the shore or a pier but must proceed directly to a point at least one hundred fifty feet from the shoreline and/or pier before skiing parallel with the shore; provided further, that water skiers may return to shore or a pier at an angle of no less than forty-five degrees to the shoreline and with the shoreline on the water skier’s right;

(3) It is operated between one hour prior to sunrise and one hour after sunset;

(4) The water skier is wearing a personal flotation device that is approved by the United States Coast Guard;

(5) The operator of the vessel displays a red warning flag when a skier is down;

(6) It is traveling in a counter-clockwise pattern around a lake or enclosed bay.

(b) Subsection (a) of this section shall not apply to the operation of vessels in water ski tournaments, competitions, exhibitions or trials thereof.

(c) The distance from shore, time of operation, and pattern requirements of subsection (a) of this section shall not control water skiing on marked water ski courses. Water skiing on such approved courses shall be regulated by the conditions of permit approval.

(d) No water skier shall conduct him or herself in a manner that endangers or is likely to endanger another person or another person’s property.

(Ord. 133-A (1992) § 27, 1992)

10.36.280 Personal flotation devices to be worn.

Any person operating or riding a sail board, wind surfer, water scooter, motorized surfboard, or personal watercraft must wear at all times a personal flotation device that is approved by the United States Coast Guard.

(Ord. 133-A (1992) § 28, 1992)

10.36.290 Dumping debris.

It is unlawful for any person to dump or throw any oil, tires, garbage, ashes, debris, gravel, earth, rock, stone, trees, logs, roots, snags, stumps, brush, piles, lumber, containers, wood or metal scrap or other waste or refuse in or upon navigable water or upon the shores thereof.

(Ord. 133-A (1992) § 29, 1992)

10.36.300 Rental records.

Any person that rents or charters a vessel shall cause to be kept a record of the name and address of the person or persons hiring the vessel, the identification number of the vessel, the departure date and time and the date and time of the return of the vessel. Such record shall be preserved for not less than six months from the date of departure of the vessel and shall be made available for inspection by any law enforcement officer.

(Ord. 133-A (1992) § 30, 1992)

10.36.310 Safety devices on commercial piers.

Every owner, agent, lessee or other person in charge of any commercial pier open to the public shall maintain on such pier at least one thirty-inch ring life buoy, and one thirty-inch life buoy for every three hundred lineal feet of berthing space to each of which shall be attached at least two hundred feet of line, one end of which shall be fastened to the ring life buoy. Each ring life buoy and attached line shall be kept in a box on the pier readily available for use by the public in case of accident. The box shall be clearly labeled and be at all times kept clear of obstructions. It shall be unlawful to use, remove or tamper with any ring life buoy or its attached line except in the course of maintenance or inspection of the same or its box, or for use in response to an emergency.

(Ord. 133-A (1992) § 31, 1992)

10.36.320 When a vessel may be impounded without prior notice.

(a) A vessel may be impounded without giving prior notice to its owner as required in Section 10.36.330 under the following circumstances:

(1) When there is no person on board the vessel with sufficient capacity under Section 10.36.100 to operate the vessel; or

(2) When the operator of the vessel is arrested and there is no other person on board the vessel with sufficient capacity under Sections 10.36.100 and 10.36.110 to operate the vessel; or

(3) When the operator of the vessel refuses or neglects to obey an order from a law enforcement officer to proceed from or to an area; or

(4) When a law enforcement officer has probable cause to believe that the vessel was stolen; or

(5) When a law enforcement officer has probable cause to believe that the vessel is evidence of a crime and/or contains evidence of a crime in accordance with the laws of the State of Washington.

(b) Nothing in this section shall be construed to authorize seizure of a vessel without a warrant where a warrant would otherwise be required.

(Ord. 359 (2006) § 7, 2006: Ord. 133-A (1992) § 32, 1992)

10.36.325 Abandoned or derelict vessels.

Abandoned and/or derelict vessels shall be impounded in accordance with Chapter 79.100 RCW, as now or hereafter amended, incorporated herein by reference.

(Ord. 359 (2006) § 8, 2006)

10.36.330 When a vessel may be impounded after notice.

Absent exigent circumstances, a vessel not subject to impoundment under Sections 10.36.320 or 10.36.325 may be impounded after notice of such proposed impoundment has been securely attached to and conspicuously displayed on the vessel for a period of twenty-four hours prior to such impoundment, when such vessel is moored, anchored and/or used in violation of any law, ordinance or regulation

(Ord. 359 (2006) § 9, 2006: Ord. 133-A (1992) § 33, 1992)

10.36.340 How impoundment to be effected.

When impoundment is authorized by this chapter, a vessel may be impounded by an officer or authorized agent of the sheriff’s department, or by taking custody of the vessel in accordance with Chapter 79.100 RCW.

(Ord. 359 (2006) § 10, 2006: Ord. 133-A (1992) § 34, 1992)

10.36.350 Owner of impounded vessel to be notified.

(1) Notice shall be provided for vessels impounded pursuant to Sections 10.36.320 or 10.36.330 as follows:

(a) Not more than forty-eight hours after impoundment of any vessel the sheriff shall mail a notice to the registered owner of the vessel, as may be disclosed by the vessel registration number, if such be obtainable, and to any other person who claims the right to possession of the vessel, if such a claim is known to an officer, agent or employee of the sheriff’s department who has knowledge of the impoundment. The notice shall be mailed to the registered owner at the address provided by the Washington State Department of Licensing or the corresponding agency of any other state or province. If a law enforcement officer who has knowledge of the impoundment has reason to believe that an owner, or one who claims to be an owner, is residing or in custody at some different address which is known to the officer, a copy of the notice shall also be mailed or personally delivered to such owner or claimant in a manner designed, as nearly as may be practicable, to give actual notice to him or her. The notice shall contain the full particulars of the impoundment, redemption and opportunity for hearing to contest the propriety of the impoundment as hereinafter provided.

(b) If the vessel is not marked with a registration number, or if the owner of the vessel is not otherwise known or readily ascertainable by the sheriff, then the notice required in subsection (a) of this section shall be posted upon the vessel and shall be published once in a newspaper of general circulation in the county.

(c) Similar notice shall be given to each person who seeks to redeem an impounded vessel, except that if a vessel is redeemed prior to the mailing of notice, then notice need not be mailed.

(d) Similar notice shall likewise be given at the time of releasing a vessel impounded for investigatory purposes pursuant to Section 10.36.330, except that if a vessel is redeemed following notice by telephone and prior to the mailing of notice, then notice need not be mailed.

(2) Notice shall be provided for vessels impounded pursuant to Section 10.36.325 as set forth in RCW 79.100.040.

(Ord. 359 (2006) § 11, 2006: Ord. 133-A (1992) § 35, 1992)

10.36.360 Redemption of impounded vessels.

(1) Vessels impounded by the county pursuant to Sections 10.36.320 or 10.36.330 of this Chapter shall be redeemed only under the following circumstances:

(a) Only the registered owner, a person authorized by the registered owner or one who has purchased a vessel from the registered owner who produces proof of ownership or authorization and signs a receipt therefor, may redeem an impounded vessel.

(b) Any person so redeeming an impounded vessel shall pay the costs of towing, storage and publishing the notice, prior to redeeming such vessel, except as provided for by subsection (c) of this section.

(c) Any person seeking to redeem an impounded vessel has a right to a hearing in district court to contest the validity of impoundment or the amount of towing, storage and publishing charges and such person, if he or she produces proof of ownership, shall have his or her vessel released when such person makes such request for a hearing in writing on a form approved by the court and signed by such person. At the time of requesting such hearing such person shall also execute a bond in an amount to include the costs of towing and storage, an administrative impound fee of one hundred dollars, plus any collection costs. Such bond shall become due and payable to the County in the event such person either: (1) fails to appear at the requested hearing provided for in this chapter, or (2) fails to pay, or make arrangements to pay within forty-eight hours after such hearing, any towing and storage charges for which such person may be found liable at such hearing. Such bond shall be automatically canceled and discharged when such person either: (1) cancels his or her request for a hearing and pays the towing and storage charges and the cancellation fee as provided in Section 10.36.370, (2) pays or makes arrangements to pay the towing and storage charges and other costs within forty-eight hours after having been found liable therefor at the hearing provided for in this section and Section 10.36.380, or (3) prevails in the district court hearing.

(2) Vessels impounded by the county pursuant to Section 10.36.325 of this chapter shall be redeemed as provided in RCW 79.100.090.

(Ord. 359 (2006) § 12, 2006: Ord. 133-A (1992) § 36, 1992)

10.36.370 Cancellation of hearing.

Any persons redeeming an impounded vessel in accordance with subsection (c) of Section 10.36.360, shall have until seven days after the date of the request for a hearing to cancel such hearing.

(Ord. 133-A (1992) § 37, 1992)

10.36.380 Post-impoundment hearing procedure.

Hearings requested pursuant to Section 10.36.360 shall be held in the district court, which court shall determine whether the impoundment was proper and whether the towing and/or storage fees charged in such connection were proper. If the impoundment is found to be proper, then towing, storage, and publishing fees shall be assessed against the owner of the vessel in addition to the fine for the offense. In the event a person requesting a hearing either: (1) fails to appear at the hearing, or (2) fails to pay or make arrangement to pay within forty-eight hours after the hearing any impoundment fee assessed by the court at the hearing, a civil penalty and the costs of collection may be assessed by the district court and the court may enter judgment on the promissory note provided for in Section 10.36.360 in addition to the fine for the offense.

(Ord. 133-A (1992) § 38, 1992)

10.36.390 Responsibility for fees as to standby time, stolen vessels or vessels held for investigatory purposes.

(a) No towing or storage charges shall be assessed against the owner of a vessel when the vessel is impounded by order of the sheriff’s department, and not by direction of the vessel owner, and verified as stolen by the sheriff’s department when:

(1) Substantial evidence of the theft exists, as determined by the covering officer; or

(2) The vessel was reported stolen before it was impounded, and there is no tangible evidence of negligence by an authorized operator which contributed to the theft, including but not limited to keys left on or in the vessel.

Provided, that the owner or the person authorized to redeem the vessel shall pay storage charges commencing on the sixth day after impoundment for such purpose.

(b) No towing or storage charges shall be assessed against the owner of a vessel which is being held for investigatory purposes pursuant to Section 10.36.320 and which is redeemed within ninety-six hours after the sheriff’s department shall have notified the owner of the release of such vessel in writing in the manner provided in Section 10.36.350; provided, that such owner or person authorized to obtain possession of such impounded vessel shall pay any charges assessed for storage after such ninety-six-hour period; provided further, that if the registered owner or the operator authorized by the registered owner is arrested or charged with a crime in connection with the incident leading to impoundment, the owner is not exempted from towing or storage charges.

(Ord. 133-A (1992) § 39, 1992)

10.36.400 Unclaimed vessel.

Any vessel impounded pursuant to Sections 10.36.320 or 10.36.330 not redeemed within fifteen days of mailing of the notice required by Section 10.36.350 or within fifteen days of posting the notice on the vessel and the printing of the notice in a newspaper, shall be deemed unclaimed; provided, that if the sheriff has reason to believe that the owner of such impounded vessel is in custody, it shall be presumed that the vessel is not unclaimed and such vessel shall not be deemed unclaimed except upon a determination by the court after the prisoner has had an opportunity to be heard regarding the propriety of the impoundment and circumstances giving rise to such impoundment; provided further that, in the case of a vessel impounded by order of a law enforcement officer and held pursuant to such order, the fifteen days shall not begin until forty-eight hours after the sheriff shall have notified the owner in accordance with Section 10.36.350 that it has authorized the release of the vessel.

(Ord. 359 (2006) § 13, 2006: Ord. 133-A (1992) § 40, 1992)

10.36.410 Disposition of vessels as unclaimed property.

An unclaimed vessel not redeemed after notice within the periods provided by Section 10.36.400, with charges for towing and storage remaining due and unpaid, shall be subject to disposition under RCW 63.40.010 as unclaimed property.

(Ord. 359 (2006) § 14, 2006: Ord. 133-A (1992) § 41, 1992)

10.36.420 Restricted waterways.

A. Internal combustion (i.e., gasoline and/or diesel) powered motor boats used for recreational purposes are not permitted at any time on any lake of less than twenty acres in area, or on the following waters: Buck Lake, Wye Lake, Island Lake, Carpenter Creek estuary upstream of South Kingston Road and the Curley Creek estuary upstream of Southworth Drive.

B. Internal combustion (i.e., gasoline and/or diesel) powered motorboats used for recreational purposes are not permitted to exceed seven miles per hour on Mission Lake.

(Ord. 481 (2012) § 1, 2012: Ord. 278 (2002) § 1, 2002: Ord. 133-A (1992) § 42, 1992)

10.36.430 Violation – Penalty.

Any violation of the boating ordinance codified in this chapter is a Class I civil infraction punishable by a maximum penalty and default of two hundred fifty dollars, unless a more specific penalty is listed.

(Ord. 133-A (1992) § 43, 1992)