[1]
Editor's Note: Former Ch. 240, adopted 7-18-1994 by Ord. No.
7604 was repealed 3-17-2003 by Ord. No. 03-9320.
[R.O. 1992 § 240.010; Ord. No. 03-9320 § 1, 3-17-2003]
As used herein, the following terms
are construed to have the following meaning, except in those instances
where the context clearly indicates otherwise:
Any vessel propelled by machinery, whether or not such machinery
is a principal source of propulsion.
To navigate or otherwise use a motorboat or a vessel.
The person who operates or has charge of the navigation or
use of a vessel.
A person, other than a lien holder, having the property in
or title to a motorboat. The term includes a person entitled to the
use or possession of a motorboat subject to an interest of another
person, reserved or created by agreement and securing payment or performance
of an obligation, but the term excludes a lessee under a lease not
intended as security.
The towing of any person equipped with a parachute or kite
equipment by any watercraft operating on the waters of this State.
A class of vessel which is less than sixteen (16) feet in
length propelled by machinery which is designed to be operated by
a person sitting, standing or kneeling on the vessel rather than being
operated by a person sitting or standing inside the vessel.
Every motorboat and every description of motorized watercraft
and any watercraft more than twelve (12) feet in length which is powered
by sail alone or by a combination of sail and machinery used or capable
of being used as a means of transportation on water but not any watercraft
having as the only means of propulsion a paddle or oars.
Any boat or craft, including a vessel, used or capable of
being used as a means of transportation on waters.
Any waters within the territorial limits of the State of
Missouri and within the City of Washington and lakes constructed or
maintained by the United States Army Corps of Engineers, except bodies
of water owned by a person, corporation, association, partnership,
municipality or other political subdivision, public water supply impoundments,
and except drainage ditches constructed by a drainage district, but
the term does include any body of water which has been leased to or
owned by the State of Missouri Department of Conservation.
[R.O. 1992 § 240.020; Ord. No. 03-9320 § 1, 3-17-2003]
A.
It
is unlawful for any person to operate a recreational motorboat upon
the waters of this State in any manner under any condition so that
the recreational motorboat emits sound at a level exceeding eighty-six
(86) decibels on an A-weighted scale when measured from a distance
of fifty (50) or more feet from the recreational motorboat. The provisions
of this Section do not apply to motorboats operated under permit pursuant
to Section 306.130, RSMo., nor to trial runs for a period not exceeding
the twenty-four (24) hours immediately preceding a regatta or race,
nor to official trials in competition for speed records for a period
not exceeding twenty-four (24) hours immediately preceding a regatta
or race.
[R.O. 1992 § 240.030; Ord. No. 03-9320 § 1, 3-17-2003]
A.
No person shall operate any motorboat or
watercraft or manipulate any water skis, surfboards or other waterborne
device in a reckless or negligent manner so as to endanger the life
or property of any person.
B.
No person shall operate any motorboat or
watercraft on the Missouri River within one hundred (100) feet of
the Lafayette Street boat ramp at a speed in excess of idle speed.
C.
A person commits the offense of negligent operation of a vessel if
when operating a vessel he/she acts with criminal negligence, as defined
in Subsection 5 of Section 562.016, RSMo., to cause physical injury
to any other person or damage to the property of any other person.
[R.O. 1992 § 240.040; Ord. No. 03-9320 § 1, 3-17-2003]
A.
No person shall operate any motorboat or
watercraft or manipulate any water skis, surfboard or other waterborne
device while intoxicated or under the influence of any narcotic drug,
barbiturate or marijuana.
B.
A person commits the offense of operating
a vessel while intoxicated if he/she operates a vessel on the Missouri
River or the lakes of this City while in an intoxicated condition.
For purposes of this Section, a person is in an "intoxicated condition"
when he/she is under the influence of alcohol, a controlled substance
or drug, or any combination thereof.
C.
A person commits the offense of operating
a vessel with excessive blood alcohol content if he/she operates a
vessel on the Missouri River or the lakes of this City with eight
hundredths of one percent (0.08%) or more by weight of alcohol in
his/her blood. As used in this Section, "percent by weight of alcohol
in the blood" shall be based upon grams of alcohol per one hundred
(100) milliliters of blood and may be shown by chemical analysis of
the person's blood, breath or saliva.
E.
Chemical tests of a person's blood, breath or saliva to be considered valid under the provisions of Subsections (B) and (C) hereof shall be performed according to methods and devices approved by the State of Missouri Department of Health, by licensed medical personnel or by a person possessing a valid permit issued by the State of Missouri Department of Health for this purpose.
[R.O. 1992 § 240.050; Ord. No. 09-9320 § 1, 3-17-2003]
No person shall engage in the activity
of parasailing unless there is in the watercraft a person of at least
twelve (12) years of age, in addition to the operator, in a position
to observe the progress of the person or persons being towed. No person
shall engage in the activity of parasailing during the time between
sunset and sunrise.
[R.O. 1992 § 240.060; Ord. No. 03-9320 § 1, 3-17-2003]
A.
No person shall operate a vessel on any
waters of this State for towing a person or persons on water skis
or a surfboard or similar device unless there is in the vessel a person,
in addition to the operator, in a position to observe the progress
of the person or persons being towed, unless such vehicle is equipped
with a ski mirror as approved by the State of Missouri Division of
Water Safety.
B.
No person shall operate a vessel on any
waters of this State towing a person or persons on water skis, a surfboard
or similar device, nor shall any person engage in water-skiing, surfboarding
or similar activity during the times between sunset and sunrise.
D.
No person shall operate or manipulate any
vessel, tow rope or other device by which the direction or location
of water skis, a surfboard or similar device which may be affected
or controlled in any way to cause the water skis, surfboard or similar
device or any person thereon to collide with or strike against any
object or person.
[R.O. 1992 § 240.070; Ord. No. 03-9320 § 1, 3-17-2003]
No person under fourteen (14) years
of age shall operate any motorboat or vessel upon the waters of this
State unless such person is under the direct on-board supervision
of a parent, guardian or other person sixteen (16) years of age or
older, or unless the motorboat is moored. No person shall authorize
or knowingly permit a motorboat owned by such person or under the
person's control to be operated on the waters of this State in violation
of this Section, nor shall a parent or guardian authorize or knowingly
permit such a child under fourteen (14) years of age to operate a
motorboat in violation of this Section.
[R.O. 1992 § 240.080; Ord. No. 03-9320 § 1, 3-17-2003]
A.
"Aids To Navigation" means buoys, beacons
or other fixed objects in the water which are used to mark obstructions
to navigation or to direct navigation through safe channels.
B.
"Regulatory Markers" means any anchored
or fixed markers in or on the water or signs on the shore or on bridges
over the water other than aids to navigation and shall include, but
not be limited to, bathing markers, speed zone markers, information
markers, danger zone markers, boat keep-out areas, and mooring buoys.
C.
No person shall mark or obstruct the water
of this State in any manner so as to endanger the operation of watercraft
or conflict with the marking system prescribed by the State of Missouri
Water Patrol.
D.
The operation of any watercraft within
prohibited areas that are marked shall be prima facie evidence of
negligent operation.
E.
It shall be unlawful for any person to
operate a watercraft on the waters of this State in a manner other
than that prescribed or permitted by regulatory markers.
F.
No person shall moor or fasten a watercraft
to or willfully damage, tamper, remove, obstruct or interfere with
any aid to navigation or regulatory marker.
[R.O. 1992 § 240.090; Ord. No. 03-9320 § 1, 3-17-2003]
A.
Every person shall operate a motorboat,
vessel or watercraft in a careful and prudent manner and at a rate
of speed so as not to endanger the property of another or the life
or limb of any person and shall exercise the highest degree of care.
B.
No person shall operate a motorboat, vessel
or watercraft at any time from one-half (1/2) hour after sunset until
an hour before sunrise the following day at a speed exceeding thirty
(30) miles per hour. This Subsection shall only apply to the waters
of the Missouri River.
C.
Vessels shall not be operated within one
hundred (100) feet of any dock, pier, occupied anchored boat or buoyed
restricted area on any lake at a speed in excess of slow-no wake speed.
[R.O. 1992 § 240.100; Ord. No. 03-9320 § 1, 3-17-2003]
A.
The operator of a motorboat shall not allow
any person to ride or sit on the gunwales, decking over the bow, railing,
top of seat back or decking over the back of the motorboat while underway,
unless such person is inboard of adequate guards or railing provided
on the motorboat to prevent passengers from being lost overboard.
As used in this Section, the term "adequate guards or railing" means
guards or railings having a height parameter of at least six (6) inches
but not more than eighteen (18) inches. Nothing in this Section shall
be construed to mean that passengers or other persons aboard a motorboat
cannot occupy the decking over the bow of the boat to moor it to a
mooring buoy or to cast off from such a buoy or for any other necessary
purpose. The provisions of this Section shall not apply to vessels
propelled by sail.
B.
Whenever any person leaves any watercraft,
other than a personal watercraft, on the waters of the Missouri River
or the lakes of this State and enters the water between the hours
of 11:00 A.M. and sunset, the operator of such watercraft shall display
on the watercraft a red or orange flag measuring not less than twelve
(12) inches by twelve (12) inches. The provisions of this Subsection
shall not apply to watercraft that is moored or anchored. The flag
required by this Subsection shall be visible for three hundred sixty
degrees (360°) around the horizon when displayed and shall be
displayed only when an occupant of the watercraft has left the confines
of the watercraft and entered the water. The flag required by this
Subsection shall not be displayed when the watercraft is engaged in
towing any person but shall be displayed when such person has ceased
being towed and has reentered the water.
[R.O. 1992 § 240.110; Ord. No. 03-9320 § 1, 3-17-2003]
Any person operating a watercraft
on the waters of this State shall stop such watercraft upon a signal
of any Peace Officer of this State and its subdivisions and obey any
other reasonable signal or direction of such Peace Officer given in
directing the movement of traffic on the waters of this State.
[R.O. 1992 § 240.120; Ord. No. 03-9320 § 1, 3-17-2003]
A.
It shall be the duty of the operator of
a watercraft involved in a collision, accident or other casualty,
so far as he/she can do so without serious danger to his/her own watercraft,
crew and passengers, to render to other persons affected by the collision,
accident or other casualty assistance as may be practicable and as
may be necessary in order to save them from or minimize any danger
caused by the collision, accident or other casualty and also to give
his/her name, address and identification of his/her watercraft in
writing to any person injured and to the owner of any property damaged
in the collision, accident or other casualty.
B.
In the case of collision, accident or other
casualty involving a watercraft, the operator thereof, if the collision,
accident or other casualty results in death or injury to a person
or damage to property in excess of five hundred dollars ($500.00),
shall file with the Missouri State Water Patrol a full description
of the collision, accident or other casualty, including such information
as the Patrol may, by regulation, require.
[R.O. 1992 § 240.130; Ord. No. 03-9320 § 1, 3-17-2003]
A.
No person shall operate a personal watercraft
unless each person aboard is wearing a Type I, Type II, Type III or
Type V personal flotation device approved by the United States Coast
Guard.
B.
A person operating a personal watercraft
equipped by the manufacturer with a lanyard-type engine cutoff switch
shall attach such lanyard to the person's body, clothing or personal
flotation device as appropriate for the specific vessel.
C.
No person under fourteen (14) years of
age shall operate a personal watercraft on the waters of this State,
except that a person under fourteen (14) years of age may operate
a personal watercraft if a person at least sixteen (16) years of age
is aboard the personal watercraft.
D.
Every personal watercraft shall at all
times be operated in a reasonable and prudent manner. Maneuvers which
unreasonably or unnecessarily endanger life, limb or property, including,
but not limited to, weaving through congested vessel traffic, jumping
the wake of another vessel when visibility around such vessel is obstructed,
becoming airborne or completely leaving the water while crossing the
wake of another vessel within one hundred (100) feet of the vessel
creating the wake, operating at a speed in excess of a slow no-wake
speed within fifty (50) feet of any vessel or any person in or on
the water, and operating at such a speed and proximity to another
vessel so as to require the operator to swerve to avoid collision,
shall constitute unsafe or reckless operation of a personal watercraft.
No person shall operate a personal watercraft on any waters of this
State for towing a person or persons on water skis or a surfboard
or similar device unless there is a person on the personal watercraft,
in addition to the operator, or an approved ski mirror attached to
the personal watercraft in a position to observe the progress of the
person or persons being towed.
E.
No person who owns a personal watercraft
or who has charge over or control of a personal watercraft shall authorize
or knowingly permit the personal watercraft to be operated in violation
of this Section, nor shall a parent or guardian authorize or knowingly
permit a child of such parent or guardian to operate a personal watercraft
in violation of this Section.
F.
The provisions of this Section shall not
apply to a person participating in a regatta, race, marine parade,
tournament or exhibition for which a permit has been issued by the
Missouri State Water Patrol.
[R.O. 1992 § 240.140; Ord. No. 03-9320 § 1, 3-17-2003]
Any person who refuses or interferes
with the inspection of any boat or vessel located upon the waters
of this State, when such inspection is conducted for the purpose of
determining compliance with the provisions of this Chapter, shall
be guilty of an offense.
[R.O. 1992 § 240.150; Ord. No. 03-9320 § 1, 3-17-2003]
Every person under the age of seven
(7) who is on board any watercraft which is on the waters of this
State shall wear a personal flotation device which is approved by
the United States Coast Guard. Any person who allows a person under
the age of seven (7) to be on board any watercraft which is on the
waters of this State and without wearing a personal flotation device
shall be deemed guilty of an offense. This Section does not apply
when the person under the age of seven (7) is in a part of the watercraft
which is fully enclosed, where such enclosure will prevent such person
from failing out of or being thrown from the watercraft.
[R.O. 1992 § 240.155; Ord. No. 07-10315 § 1, 10-1-2007]
No permits, leases or other approvals
for boat docks located along, adjacent to and attached to the Riverfront
Park shall be issued pending study and further action by the City
Council of the City of Washington, Missouri, and no person shall affix
or attach any boat dock to the Riverfront Park that is not already
affixed or attached to the Riverfront Park as of the date hereof.
[R.O. 1992 § 240.160; Ord. No. 03-9320 § 1, 3-17-2003]
Any person who violates any of the
provisions of this Chapter shall be deemed guilty of an offense and
shall upon conviction be punished by a fine of not more than five
hundred dollars ($500.00) or by a term of imprisonment in the City
Jail of not more than ninety (90) days, or by both the fine and imprisonment
for each violation.
