HomeMy WebLinkAbout83-88 - Res. Amendment to MCC Chapter 9.04 Relating to Motorboats RESOLUTION NO. 83-88
A RESOLUTION RELATING TO MOTORBOATS WHICH AMENDS AND REPEALS CERTAIN PROVISIONS OF
CHAPTER 9.04 OF THE MASON COUNTY CODE.
WHEREAS, on August 1, 1960, the Board of Mason County Commissioners enacted
an ordinance relating to motorboats which added Chapter 9.04 to the Mason County
Code; and
WHEREAS, on August 2, 1988 the Board of Mason County Commissioners enacted
Resolution 61-88, amending Chapter 9.04 of the Mason County Code which permitted
the use of electric motors upon restricted lakes; and
WHEREAS, public hearings were held on August 30, September 6, October 4 and
October 11, 1988, to consider various amendments to Chapter 9.04 proposed by the
Mason County Sheriff's Advisory Committee and the Mason County Prosecutor's
Office.
NOW THEREFORE BE IT RESOLVED, by the Board of Mason County Commissioners that
Chapter 9.04 of the Mason County Code be and the same hereby is amended to conform
to the language contained in Attachment A.
ADOPTED this 11th day of October, 1988.
BOARD OF COUNTY COMMISSIONERS
MAS COUNTY, WA NGT
1 /
Chairperson Gibson
Co missioner ager
M iN� i�1A/I�l'
Commissioner McGee
ATTEST:
�X& M /0,
Clerk of the Board
A OVED AS TO FORM
Michael E. Clift
Deputy Prosecuting Attorney
xc: Auditor
Sheriff
Commissioners
General Services
ATTACHMENT A
Chapter 9.04
MOTORBOATS
5egtionj:
9.04.010 Intention of Chapter
9-04.020 Definitions
9.04.030 Numbering Required 2
9.04-040 Equipment 2
9.04 .050 Whistles and Lights 2
9.04.060 Mufflers 2
9.04.070 Negligent Operation 2
9.04.080 Reckless Operation 2
9.04.090 Operation While Under the Influence of Liquor or Drugs 2
9.04. 100 Incapacity of Operator 3
9.04. 110 Underage Operator 3
9.04. 120 Steering and Sailing 3
9.04. 130 Speed Limit 3
9.04. 140 Interference with Navigation 3
9.04. 150 Mooring at Private Docks Without Permission 3
9.04. 160 Exemption to Authorized Emergency Vehicles 3
9.04. 170 Yielding Right—of—Way to Authorized Emergency Vehicles 3
9.04. 180 Boating Accident and Casualty Reports 4
9.04. 190 Obedience to Peace Officers 4
9.04.200 Refusal to Stop 4
9.04.210 Examination of Equipment 4
9.04.220 Overloading and Overpowering 4
9.04.230 Restricted Areas 4
9.04.240 Regattas, Races, or Aquatic Events 4
9.04.250 Swimming 6
9.04-260 Underwater Diving 7
9.04.270 Water Skiing 7
9.04.280 Personal Flotation Devices to Be Worn 7
9.04.290 Dumping Debris 7
9.04.300 Rental Records 8
9.04.310 Safety Devices on Commercial Piers 8
9.04.320 When a Vessel May Be Impounded Without Prior Notice a
9.04.330 When a Vessel May Be Impounded After Notice 9
9.04.340 How Impoundment Is To Be Effected 9
9.04.350 Owner of Impounded Vessel To Be Notified 9
9-04.360 Redemption of Impounded Vessels 9
9.04.370 Cancellation of Hearing 10
9.04.380 Post—Impoundment Hearing Procedure 10
9-04.390 Responsibility for Fees as to Standby Time,
Stolen Vehicles or Vessels Held
for Investigatory Purposes 10
9.04.400 Abandoned Vessels 10
9.04-410 Disposition of Vessels as Unclaimed Property 11
9.04.420 Restricted Lakes 11
9-04.430 Misdemeanor Penalties 11
Exhibit A Chapter 352-60 WAG Boating Safety
Exhibit B Chapter 362-70 WAC Boating Accident and
Casualty Reports
9 _j
__QA_M IntentionQJQhAgJ&1_. It is the policy of Mason County 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.
9.04.020 definitions. The words listed below as used in this chapter mean
as follows:
(1 ) "Waters" means all navigable waters, salt and fresh, in
Mason County.
(2) "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-
(3) "Person" means any natural person, partnership,
association, or corporation .
(4) "Operator" means the person who is in control or in charge
of a vessel while it is in use.
(5) "Vessel " means any contrivance used or designed for
navigation or as a means of transportation on water .
(6) "Pier" means any commercial or public 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.
(7) "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.
(8) "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 .
(9) "Underwater diving" means the activity of submerging in
water while equipped with snorkeling, hard hat , or scuba
diving equipment .
( 10) "Water skier" means a person in tow from a vessel riding
on water skis, aquaplane, surfboard, or other similar
device.
( 11 ) "Personal flotation device" means life preservers, buoyant
vests, special purpose water safety devices, buoyant
cushions, ring buoys, and work vests.
( 12) "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.
( 13) "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 blue warning lights and siren.
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Mason County Code
Chapter 9.04 Motorboats
9.04.030 NRRk)jerLjRn1RR"M1L#_d. All vessels used on the waters of this
county shall be numbered or designated in accordance with any applicable United
States law as now or hereafter amended.
9.04.040 11kip-m—ent . 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 Chapter 352-60,
Washington Administrative Code, (Exhibit A) as now or hereafter amended.
Olq Wh_L11J I_tA_Aa dJJ_gAJJ. 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 search light 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 .
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 shall not be considered as adequately
maintained mufflers.
B. Subsection A of this section shall not apply to the operation of
vessels in regattas, races, water ski tournaments, competitions, exhibitions or
trials therefore, or aquatic events which have been authorized by the Board of
Mason County Commissioners. Such vessels shall not exceed any applicable Mason
County noise requirements as now or hereafter amended.
J�.04070 h#1Lj_%LftjOperation. It shall be unlawful for any person to
operate a vessel in a negligent manner . For the purpose of this section, to
"operate in a negligent manner" shall be construed to mean the operation of a
vessel in such manner as to endanger or be likely to endanger any person or
property.
It sha I I be unlawful for any person to
operate a vessel in a reckless manner . For the purpose of this section, to
"operate in a reckless manner" shall be construed to mean the operation of a
vessel in willful or wanton disregard for the safety of persons or property.
I.&A—M It
shall be unlawful for any person to operate a vessel while under the influence of
liquor or drugs.
A. A person is guilty of operating a vessel while under the influence of
intoxicating liquor or any drug if the person operates a vessel while:
( 1 ) The person is under the influence of or affected by
intoxicating liquor or any drug, or
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Chapter 9.04 Motorboats
(2) The person is under the combined influence of or
affected by intoxicating liquor and any drug.
B. The fact that any person charged with a violation of this section is
or has been entitled to use such drug under the laws of this state shall not
constitute a defense against any charge of violating this section. A person cited
under this subsection may upon request be given a breath test for blood alcohol or
may request to have a blood sample taken for blood alcohol analysis. An arresting
officer shall administer field sobriety tests when circumstances permit .
9-04-191 acity of ODerator . 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.
9_I4_JI0 Underage Operator . It is unlawful for any minor under the age
of sixteen ( 16) 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 ( 10)
horsepower or more unless accompanied by a person who is over the age of eighteen
( 18) and who meets all requirements as specified in Sections 9.04.090 and
9.04. 100. It is unlawful for a minor ten years of age or under to operate or be
permitted to operate any motorboat .
k_k4_12A Ste ring and SaLLLU. Except as provided elsewhere herein, all
vessels using the waters of Mason 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) .
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 and fifty feet of any shoreline, commercial
or public pier , breakwater or restricted area.
2.04, 140 Interference with_fi#yj_gAjj_Qg. 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 mooring under a bridge or in a channel in an approach to a public
boat launching ramp shall constitute interference with navigation.
Permission. No person shall moor
a vessel to a private seawall or commercial or public 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 . In any prosecution under
this section, it is an affirmative defense that the actor reasonably believed that
the owner of the premises or other person authorized to license access thereto,
would have licensed him or her to enter or remain.
9_QAJS& ExeMotion to _Auk ftaLjZA_4EMV_[_9jjtjqX_Vessels. The provisions of
this chapter shall be applicable to the operation of any and all vessels in the
waters of Mason 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.
k—QA—M ding-Right-of-Way to AuthpLijIA_EMglg envy—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 blue warning light and sounding a siren.
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Mason County Code
Chapter 9.04 Motorboats
9.04J3_0 Boating Accident_png 1CaMgltv RODorls. The operator of any
vessel shall complete a boating accident and casualty report as required and in
the manner provided by Chapter 352-70, Washington Administrative Code, (Exhibit
B) as now or hereafter amended.
9.04. 190 QbgdII3c9 to Peace Offig-tLp. No person shall willfully fail or
refuse to comply with the direction of a peace officer , who is at the time
discharging the duty of regulating and directing waterborne traffic.
9.04.20Q Refusal to Sto . No person shall , while operating or in charge
of a vessel , refuse or neglect to stop when signaled to stop by any peace officer .
Examinati9q_gJ_JLqMjaM&gJ. No person shall , while operating or
in charge of a vessel , refuse to permit a peace officer to make an examination of
any equipment of such vessel .
k_QA_M QyII_LQAdin a and 0 XALR9XLr_LU. No person shall knowingly load or
power a vessel beyond the maximum capacity specified by the manufacturer for such
vessel _
2-94,M Heatrict&A---ALins. The Board of Mason 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.
9.0 e a a t t a s. - r a c e s.
A. R_efinitions -
1 . "Regatta" or „race" or "aquatic event" means an
organized water event on fresh waters of Mason
County of limited duration, which is conducted
according to a prearranged schedule.
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. jILhM_LIk_Lgn..of ...&RRj_LgALLgA: 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 Mason County, shall submit an application to the Mason County Sheriff ' s
Office and the Mason County Department of General Services 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 .
D. Applications shall be submitted on forms provided by the
Commissioner ' s Office and shall be submitted no less than ninety (90) 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 ($200.00) Dollars, to be paid to the County
Commissioners before submitting the application pursuant to Section 9.04.240(B) .
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 ;
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Mason County Code
Chapter 9.04 Motorboats
3. Nature and purpose of 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 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 water courses 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
race course 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. Provision made for clean-up after the event ;
17. Prior inspection of participating boats to determine that they
meet specifications as required for mufflers as listed in
Section 9.04.060 (B) .
18. And such other information as the Department of General Services
and Mason County Sheriff 's Department may require to fully
inform it of the nature and extent of such event .
F. Upon receiving an application to hold regatta, race or
event , the Mason County Sheriff ' s Office and the Mason
County Department of General Services 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 Mason County Sheriff ' s Office and the Mason County
Department of General Services to the County Commissioners
not less than thirty (30) days prior to event .
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Mason County Code
Chapter 9.04 Motorboats
H. The County Commissioners may, before taking action on the application,
require the sponsoring organization to petition or poll the property owners on the
lake which would be affected by the event . The County Commissioners may also
require that the sponsoring group post notice in the local paper on/or at the
proposed site of the event , prior to their taking action on said application.
1 . The County Commissioners may close for general use any part or whole
of a lake for the purpose of the event , provided the approval of the application
be 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 Mason County for use and
benefit of any person, firm, co-partnership 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 finally approved, are actually
provided. Mason County shall be named as an additional insured and shall be
notified by the insurer at least twenty (20) days prior to any cancellation of the
insurance, which shall have a minimum coverage of One Million (61 ,000,000.00)
Dollars per accident-
L . The approval of any application and granting of a permit is within the
discretion of the Mason County Board of Commissioners as set forth in this
section.
M. Permits that are issued are subject to the conditions 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.
N. It shall be unlawful to tamper with or remove any cautionary signs as
required except , by the applicant as specified in paragraph E above.
0. Any testing for a motorboat race or regatta authorized under this
section shall be limited as further authorized in the application finally
approved.
9_14_,250 Swimming.
A. Swimming shall be confined to:
( 1 ) Restricted areas designated for swimming only; or
(2) The area within one hundred ( 100) feet from a
commercial or public 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.
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Mason County Code
Chapter 9.04 Motorboats
k—OA—M Underwater Dimino.
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 (300) 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 Mason County Commissioners.
B. It is unlawful to operate a vessel within three hundred (300) feet of
a diver ' s flag.
k-OA-M Water line.
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 three hundred (300) feet from the
shoreline of saltwater or one hundred fifty ( 150)
feet from the shoreline of fresh water and any
commercial or public pier or restricted area
thereof ; provided, that the water skiers may start
at the shore or a commercial or public pier but must
proceed directly to a point at least three hundred
(300) feet from the shoreline of saltwater or one
hundred fifty ( 150) feet from the shoreline of fresh
water and/or commercial or public pier before skiing
parallel with the shore; provided further , that
water skiers may return to shore or a commercial or
public pier at an angle of no less than 45 degrees
to the shoreline and with the shoreline on the water
skier ' s right .
(3) It is operated between sunrise and 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.
B. Subsection A of this section shall not apply to the operation of
vessels in water ski tournaments, competitions, exhibitions or trials therefore,
which have been authorized by the Board of Mason County Commissioners.
C. 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.
99_4_280 Personal f JS LLtLQA_D_Qyj_glj_T& Bj_jffg.Lft. Any person operating or
riding a sail board, wind surfer , water scooter or motorized surf board must wear
at all times a personal flotation device that is approved by the United States
Coast Guard.
9__04,294 PjLMRjag_—Debris. It shall be unlawful for any person to dump or
throw any oil , 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 in
such position that the same may be washed into said water by waves, tides, storms,
or floods.
Mason County Code
Chapter 9.04 Motorboats
20_4__30A Butal 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 .
9LI4-1-11 Safety Devices on QQMMgrgjg1 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 (300) lineal feet of berthing space to each of which
shall be attached at least two hundred (200) 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 it 's box, or for use in response to an emergency.
2-0A--320 When A YqjA9I MAy ft IffloqUodgd Witfigut Prior_NSjicA.
A. A vessel may be impounded without giving prior notice to its owner as
required in Section 9.04.330 hereof only under the following circumstances.
( 1) When the vessel is anchored or moored and is
impeding or likely to impede passage of other
vessels or obstructing or occupying any private
moorage or anchorage belonging to someone else; and
(2) When the vessel has remained anchored or
moored at a public facility for one hour
longer than the maximum mooring or anchoring
time; or
(3) When the vessel is unoccupied adrift or poses an
immediate danger to the public safety; or
(4) When the vessel appears unseaworthy or has been sunk
or grounded; or
(5) When there is no person on board the vessel with
sufficient capacity under section 9.04. 100 to
operate the vessel ; or
(6) When the operator of the vessel is arrested and
there is no other person on board the vessel with
sufficient capacity under sections 9.04. 100 and
9.04. 110 to operate the vessel ; or
(7) When the operator of the vessel refuses or neglects
to obey an order from a peace officer to proceed
from or to an area; or
(8) When a peace officer has probable cause to believe
that the vessel is stolen; or
(9) When a peace officer has probable cause to believe
that the vessel constitutes evidence of a crime or
contains evidence of a crime and if impoundment is
reasonably necessary in such instance to obtain or
preserve such evidence.
B. Nothing in this section shall be construed to authorize seizure of a
vehicle without a warrant where a warrant would otherwise be required.
Mason County Code
Chapter 9.04 Motorboats
9_04.330 When a Vessel May Be IMBOUnded _AfJj1N9Jig&_ A vessel not
subject to impoundment under Section 9.04.320 may be impounded after notice of
such proposed impoundment has been securely attached to and conspicuously
displayed on the vessel for a period of 24 hours prior to such impoundment , for
the following reasons:
A. When such vessel is moored, anchored and/or used in violation of any
law, ordinance or regulation; or
B. When such vessel is abandoned, as that term is defined in 9.04.400.
9__04_340 How—ImDoundment Is To Be Effggigd. When impoundment is
authorized by this chapter , a vessel may be impounded by an officer or authorized
agent of the Sheriff 's Department .
k_QA__M Owner of Impounded Vessel To B1_KQLLLjAA.
A. Not more than 48 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 peace 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. 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.
C. Similar notice shall likewise be given at the time of releasing a
vessel impounded for investigatory purposes pursuant to Section 9.04.330 (B) ,
except that if a vessel is redeemed following notice by telephone and prior to the
mailing of notice, then notice need not be mailed.
9.04.360 Rpd-Mtion of Impounde Vessels. Vessels impounded by the
County 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 and storage prior to redeeming such vessel , except as provided for by
subsection 9.04.360 (C) .
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 and storage charges and such person 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; provided further that at the time of
requesting such hearing such person shall also execute a promise in writing in the
form of a promissory note in an amount to include the costs of towing and storage,
a civil penalty of One Hundred ($100.00) Dollars, plus any collection costs, which
promissory note shall immediately become due and owing 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 (48)
hours after such hearing, any towing and storage charges for which such person may
be found liable at such hearing. Such promissory note shall be automatically
9
Mason County Code
Chapter 9.04 Motorboats
cancelled and discharged when 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 9.04.370 or (2) pays or makes arrangements to pay the towing
and storage charges and other costs within forty-eight (48) hours after having
been found liable therefor at the hearing provided for in this section and Section
9.04.380-
J_QA_170 ellation of Hearing. Any persons redeeming an impounded
vessel in accordance with subsection C of Section 9.04.370, shall have until seven
(7) days after the date of the request for a hearing to cancel such hearing.
2__Q4_II0 Post-Impoundment Hearing Prog&Ay_U. Hearings requested pursuant
to Section 9.04.360 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 and storage 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 (48) 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 9.04.360 (C) in addition to the
fine for the offense.
9,04.390 ResRgasibility for Fees �Ls to $tandbv Time. Stolen Vessels or
Vessels HeId_for Inye tiaatg7 Piardoses.
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 (6th) 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 9.04.320
(8) and which is redeemed within ninety-six (96) 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 9.04-350 (C) : 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 (96) 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.
9_94_4 qq AkLUAQA&d_YAU-ft1.
Any impounded vessel not redeemed within fifteen ( 15) days of mailing of the
notice required by Section 9.04.350 shall be deemed abandoned; 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 abandoned and such vessel
shall not be deemed abandoned 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 peace officer and held
10
Mason County Code
Chapter 9.04 Motorboats
pursuant to such order , the fifteen ( 15) days shall not begin until forty-eight
(48) hours after the Sheriff shall have notified the owner in accordance with
Section 9.04.350 CC) that it has authorized the release of the vessel .
9.04.4t0 Disposition of tfesaaIa as Unclaimed ProRert a An abandoned
vessel not redeemed after notice within the periods provided by Section 9.04.400,
with charges for towing and storage remaining due and unpaid, shall be subject to
disposition under RCW 63.40.010 as unclaimed property_
9.0 20 Restricts Lake..
Internal combustion ( i -e. , gasoline and/or diesel ) powered motor boats shall not
be permitted at any time on any of the following named lakes of less than twenty
(20) acres in area:
LAKES OF LESS THAN 10 ACRES.
Oak Standstill Steves Tenas
Armstrong Wheeler Emmons Crass
Jigs Kent Osborne Shoe
Carson Catfish Clear Coon
Crater Dry Beds Hanks Little Hanks Sig
Johns
LAKES OF LESS THAN 20 ACRES
Aldrich Clara Collins Erickson
Hatchery Howell Larson Panhandle
Robinson Trask U Wildberry
Wood Erdman Cady Twin
9bQ4.430 Misdemeanor Penalties
Any violation of this boating ordinance is a misdemeanor punishable by a fine of
not less than Fifty (t50.00) Dollars and not more than One Thousand (51 ,000.00)
Dollars, or by imprisonment in the County Jail for a period not to exceed ninety
(90) days, or by both such fine and imprisonment .
ti
EXHIBIT "A"
WAC 352-60-020 Definitions. When used in this
chapter the following words and phrases shall have the
meanings designated in this section unless a different
meaning is expressly provided or unless the context
clearly indicates otherwise.
(1) "Boat" means any vessel manufactured or used
primarily for noncommercial use; leased, rented, or
chartered to another for the latter's noncommercial use;
or engaged in the carrying of six or fewer passengers:
(2) "Coastal waters" means the high seas within the
territorial limits of Washington state and the bays and
sounds which empty into these waters. "Coastal waters'
does not mean rivers, inside of a line drawn tangent to
their headlands, unless the distance across a river is over
two miles, in which case "coastal waters" means all por-
tions of a river from the mouth to the point at which the
river first narrows to two miles.
(3) "Inland waters" means the waters within the ter-
ritorial limits of Washington state which are not gov-
erned by the International Regulations for Preventing
Collisions at Sea, 1972, (72 COLREGS), Title 33, Code
of Federal Regulations, Part 81-72, Appendix A.
(4) "Length" means a straight line measurement of
the overall distance from the foremost point of a vessel
to the aftermost part of a vessel, measured parallel to
the centerline not including bow sprits, bumpkins,
boomkins, rudders, outboard motor brackets, outdrive
units, propellers, and similar fittings or attachments.
(5) "Motorboat" means any vessel identified in Title
46, Code of Federal Regulations, Table 24.05-1(a),
Column 6, which is sixty—five feet or less in length and
equipped with propulsion machinery, including vessels
propelled with steam machinery, and including vessels
which are temporarily or permanently equipped with a
detachable motor.
(6) "Motor vessel" means any vessel which is more
than sixty—five feet in length and propelled by mttchin-
Chapter 352-60 WAC ery other than steam.
BOATING SAFETY (7) "Passenger" means every person on board a vessel
other than the following:
WAC (a) The owner of a vessel or the representative of the
352-60-010 Purpose. owner;
352-60-020 Definitions. (b) The operator of a vessel;
352-60-030 Personal flotation devices.
352-60-040 visual distress signals. (c) The bona fide members of the crew of a vessel
352-60-050 ventilation. who are engaged in the business of a vessel, who have
352-60-060 Navigation lights and shapes and sound and light not contributed for their carriage, and who are paid for
signals.
352-60-070 Steering and sailing. their`services; and
352-60-080 Fire extinguishing equipment. (d) Guests who are on board a vessel which is being
352-60-090 Backfire flame control. used exclusively for pleasure purposes and who have not
352-60-100 Liquefied petroleum gas. contributed for their carriage.
352-60-110 Canadian vessels. (8) "Racing shell, rowing scull, and racing kayak"
WAC 352-60-010 Purpose. This chapter is promul- means any manually propelled boat that is recognized by
gated in order to establish boating safety standards in a national or international racing association for use in
accordance with RCW 43.51.400. competitive racing, in which all occupants row, scull, or
[statutory Authority:.1 o to carry 43.51:400. 4 11-057 (order 79>. § ;5= vaddle, with the exception of a coxswain, if one isro-
60-010,filed 5/18/84:) g ided, and which is f designed and does not
carry any equipment not solely for competitive racing.
Chapter 352-60 WAC
BOATING SAFETY
(2) When used on the inland waters of Washington
state, a vessel shall be equipped either with the naviga-
(9) "Recreational boat" means any vessel manu>ac- tion lights and shapes and sound and light signals as re-
tured or used primarily for noncommercial use; or quired by the International Regulations for Preventing
leased, rented, or chartered to another for the latter's Collisions at Sea, 1972, (72 COLREGS), Title 33, Code
noncommercial use. It does not include a vessel engaged of Federal Regulations, Part 81-72, Appendix A, and
the COLREGS implementing rules, Title 33, Code of
in the carrying of six or fewer passengers. Federal Regulations, Part 81-72 or as required b he
(10) "Use" means to operate, navigate, moor or Inland Navigational Rules Act of 1980, 33, United
employ. States Code, Chapter 34, and the Inland Navigational
(11) "Vessel" means every watercraft used or capable rules, Title 33, Code of Federal Regulations, Parts $4,
of being used as a means of transportation on the water, rules,
s, Title
33 and 89.
other than a seaplane.
(12) "Waters of Washington state" means any waters [Statutory Authority:RCW 43.51,400.84-11-057 (Order 79), § 352-
within the territorial limits of Washington state. 60-060,filed 5/18/84.1
(13) "Waters of Washington state which are governed
by the International Regulations for Preventing Colli- WAC 352-60-070 Steering and sailing. (1) When
sions at Sea, 1972, (72 COLREGS), Title 33, Code of used on the waters of Washington state which are gov-
Federal Regulations, Part 81-72, Appendix A," means erned by the International Regulations for Preventing
the waters within the territorial limits of Washington Collisions at Sea, 1972, (72 COLREGS), Title 33, Code
state which are identified in Title 33 Code of Federal of Federal Regulations, Part 81-72, Appendix A, a ves-
Regulations, 80.1365, 80.1 70, 80,1375, 80.1380, sel shall comply with the steering and sailing rules of
80.1385,80.1390, and 80.1395. such international rules and the COLREGS implement-
[Statutory Authority: RCW 43.51.400. 84-11-057 (Order 79),§ 352- ing rules, Title 33, Code of Federal Regulations, Part
60-020,filed 5/18/84.1 81-72.
(2) When used on the inland waters of Washington
WAC 352-60-030 Personal flotation devices. When state, a vessel shall comply with the steering and sailing
a person uses a recreational boat on the waters of rules of the Inland Navigational Rules Act of 1980, 33,
Washington state that is propelled or controlled by ma- United States Code, Chapter 34.
chinery, sails, oars, paddles, poles, or another vessel,ex- [Statutory Authority: RCW 43.51.400. 84-11-057 (Order 79), § 352-
cept racing shells, rowing sculls, and racing kayaks, such 60-070,filed 5/18/84.1
persons shall comply with Title 33, Code of Federal
Regulations 175.3, 175.13, 175.15, 175.17, 175.19, WAC 352-60-080 Fire extinguishing equipment.
175.21, and 175.23. When used on the waters of Washington state a motor-
[Statutory Authority: RCW 43.51.400.84-11-057 (Order 79), §352- boat or a motor vessel shall be equipped with the fire
60-030,filed 5/18/84.1 extinguishing equipment as required by Title 46, Code
of Federal Regulations, Subpart 25.30.
WAC 352-60-040 Visual distress signals. When a
[Statutory Authority:RCW 43.51.400. 84-11-057 (Order 79),§352-
person uses a boat on the coastal waters of Washington 60-080,filed 5/18/84.]
state such person shall comply with Title 33, Code of
Federal Regulations, 175.3, 175.105(a), 175.110, WAC 352-60-090 Backfire flame control. When
175.113, 175.115, 175.120, 175.125, 175.128, 175.130, used on the waters of Washington state a motorboat or a
and 175.140. motor vessel shall be equipped with the backfire flame
[Statutory Authority: RCW 43.51.400.84-11-057 (Order 79),§ 352- control devices as required by Title 46, Code of Federal
60-040,filed 5/18/84.1 Regulations, Subpart 25.35.
WAC 352-60-050 Ventilation. When a person uses [Statutory Authority:RCW 43.51.400. 84-11-057 (Order 79), § 352-
P 60-090,filed 5/18/84.]
a boat on the waters of Washington state that has a
gasoline engine for electrical generation, mechanical WAC 352-60-100 Liquefied petroleum gas. When a
power, or propulsion such person shall comply with Title vessel is used to carry persons for hire on the waters of
33, Code of Federal Regulations, 175.3 and 175.201. Washington state the use on such vessel of any liquefied
When used on the waters of Washington state a motor- petroleum gas or certain flammable liquids for cooking,
boat or a motor vessel shall comply with Title 46, Code heating, or lighting is prohibited as required by Title 46,
of Federal Regulations, 25.40-1. Code of Federal Regulations, Subpart 25.45 and Parts
[Statutory Authority:RCW 43.51.400. 84-11-057 (Order 79),§ 352- 146 and 147.
60-050,filed 5/18/84.1 [Statutory Authority: RCW 43.51.400. 84-11-057 (Order 79),§352-
60-100,filed 5/18/84.1
WAC 352-60-060 Navigation lights and shapes and
sound and light signals. (1) When used on the waters of WAC 352-60-110 Canadian vessels. When used on
Washington state which are governed by the Interna- the waters of Washington state for a period of less than
tional Regulations for Preventing Collisions at Sea, sixty days all Canadian vessels which comply with the
1972, (72 COLREGS), Title 33, Code of Federal Regu- boating safety laws of the government of Canada shall
lations, Part 81-72, Appendix A, a vessel shall be be exempt from the provisions of chapter 352-60 WAC
equipped with the navigation lights and shapes and except for WAC 352-60-070.
sound and light signals as required by such international [Statutory Authority: RCW 43.51.400. 84-11-057 (Order 79),§ 352-
rules and the COLREGS implementing rules, Title 33, 60-110,filed 5/18/84.]
Code of'Federal Regulations, Parts 81-72 and 82-72.
Chapter 352-70 WAC
501� iC ACCIDENT AND CASUALTY REPOR',
(21) The type of vessel operation (cruising, drifting,
fishing, hunting, skiing, racing, or other) and the type of
accident (capsizing, sinking, fire, explosion, or other).
(22) The opinion of the person making the report as
to the cause of the accident or casualty.
(23) The make, model, type (open, cabin, house, or
other), beam width at widest point, length, depth from
transom to keel, horse power, propulsion (outboard, in-
board, inboard outdrive, sail, or other), fuel (gas, diesel,
or other), construction (wood, steel, aluminum, plastic,
fiberglass, or other), and year built (model year) of the
vessel of the person making the report.
(24) The name, address, and telephone number of
each witness.
(25) The manufacturer's hull identification number, if
any, of the vessel of the person making the report.
(26) The name, address, and telephone number of the
person submitting the report.
[Statutory Authority:RCW 43.51.400, 84-01-060(Order 73), § 352-
70-050,filed 12/19/83.1
x
WAC 352-70-060 Submission of notification' and
report. The report required by this chapter shall be sub-
mitted to:
Washington State Parks and
Recreation Commission
Boating Safety and Education
7150 Cleanwater Lane KY-11
Olympia, Washington 98504
(206) 753-5755
[Statutory Authority:;RCW 43 51.400.84-01-060(Order 73), § 352-
70-060,filed'12/19/83.1
EXHIBIT "B"
Chapter 352-70 F
BOATING ACCIDENT AND CA_ ALTY REPORTS
WAC
352-70-010 Purpose.
352-70-020 Definitions. (2) A report required by this section must be submit-
352-70-030 Applicability. ted within forty—eight hours of the occurrence if a er-
352-70-040 Written accident and casualty report. p
352-70-050 Content of written accident and casualty report. son dies within twenty—four hours of the occurrence, is
352-70-060 Submission of notification and report. injured and requires medical treatment beyond first aid,
or disappears from a vessel.
WAC 352-70-010 Purpose. This chapter is promul- All other reports required by this section must be
gated in order to establish procedures by which boating submitted within ten days of the occurrence.
accident and casualty reports are to be submitted to the (3) If the operator of a vessel cannot submit the re-
Washington state parks and recreation commission in port required by this section, the owner shall submit the
accordance with RCW 43.51.400. report, and, if the owner cannot submit the report, an-
[Statutory Authority:RCW 43.51.400. 84-01-060(Order 73), §352- other person acting on behalf of the owner shall submit
70-010,filed 12/19/83.1 the report.
[Statutory Authority: RCW 43.51.400. 84-01-060(Order 73), § 352-
WAC 352-70-020 Definitions. When used in this 70-040,filed 12/19/83.1
chapter the following words and phrases shall have the
meanings designated in this section unless a different WAC 352-70-050 Content of written accident and
meaning is expressly provided or unless the context casualty report. Each written report required by WAC
clearly indicates otherwise. 352-70-040 shall be on a form prescribed by the com-
(1) "Commission" means the Washington state parks mission. Each report must be dated upon completion,
and recreation commission. signed by the person who prepared it, and must contain,
(2) "Operator" means the person who is in control or if available, at least the following information about the
in charge of a vessel while it is in use. accident or casualty:
(3) "Owner" means a person who has a lawful right (1) The registration numbers or names as documented
to possession of a vessel by purchase, exchange, gift, of each vessel involved.
lease, inheritance, or legal action whether or not the (2) The name and address of each owner of each ves-
vessel is subject to a security interest. sel involved.
(4) "Use" means operate, navigate, or employ. (3) The name of the nearest city or town, the county,
(5) "Vessel" means every watercraft used or capable the state, and the body of water.
of being used as a means of transportation on the water, (4) The time and date the accident or casualty
other than a seaplane. occurred.
(6) "Waters of Washington state" means any waters (5) The location on the water.
within the territorial limits of Washington state. (6) The visibility, weather, and water conditions.
[Statutory Authority: RCW 43.51.400. 84-01-060(Order 73), § 352- (7) The estimated air and water temperatures.
70420,filed 12/19/83.1 (8) The name, address, age, or date of birth, tele-
phone number, vessel operating experience, and boating
WAC 352-70-030 Applicability. (1) This chapter safety training of the operator of the vessel of the person
applies to each vessel used on the waters of Washington making the report.
state that: (9) The name and address of each operator of each
(a) Is used by its operator for recreational purposes; other vessel involved.
or (1 p) The number of persons on board and towed on
(b) Is required to register in accordance with RCW skis by each vessel.
88.02.030. (11) The name, address, and date of birth of each
(2) This chapter does not apply to each vessel re- person injured or killed.
quired to have a certificate of inspection in accordance (12) The cause of each death.
with chapter I, Title 46, Code of Federal Regulations. (13) Weather forecasts available to, and weather re-
[Statutory Authority: RCW 43.51.400. 84-01-060(Order 73),§352- ports used by, the operator before and during the use of
70-030,filed 12/19/83.1 the vessel.
(14) The name and address of each owner of property
WAC 352-70-040 Written accident and casualty involved.
report. (1) The operator of a vessel shall submit a writ- (15) The number, availability, and use of personal
ten report to the commission when as a result of an oc- flotation devices.
currence that involves the vessel or its equipment: (16) The type and amount of each fire extinguisher
(a) A person dies; used.
(b) A person is injured and requires medical treat- (17) The nature and extent of each injury.
ment beyond first aid; (18) A description of all property damage and vessel
(c) Damage to the vessel and other property totals damage with an estimate of the cost of all repairs.
more than two hundred dollars or there is a complete (19) A description of each equipment failure that
loss of a vessel; or caused or contributed to the cause of the accident or
(d) A person disappears from the vessel under cir- casualty.
cumstances that indicate death or injury. (20) A description of the vessel accident or casualty.
[Title 352 WAC—p 501
(1986 Ed.)