This chapter shall be known, and may be cited, as the city of Richland boat control ordinance.
(Ord. 54 § 1.01; Ord. 09-11 § 1.01)
For the purpose of this chapter, the following terms, phrases, words and their derivations will have the meaning given herein; when not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
"Boat"
is any watercraft (including seaplanes when not airborne) in or upon or docked or moored at any place at any waterway within the boundaries of the city of Richland.
"City"
is the city of Richland.
"Personal watercraft"
means a vessel of less than 16 feet that uses a motor powering a water jet pump as its primary source of motive power and that is designed to be operated by a person sitting, standing, or kneeling on, or being towed behind the vessel, rather than in the conventional manner of sitting or standing inside the vessel.
"Vessel"
includes every description of watercraft on the water, other than a seaplane, used or capable of being used as a means of transportation on the water. However, it does not include inner tubes, air mattresses, sailboards, and small rafts or flotation devices or toys customarily used by swimmers.
"Waterway"
is any waters, waterway, lake, river, tributary, canal, lagoon or connecting waters within the boundaries of the city of Richland.
(Ord. 54 § 1.02; Ord. 09-11 § 1.01)
No person shall operate a boat unless it is properly licensed and operated as required by applicable state and federal laws and regulations.
(Ord. 54 § 2.01; Ord. 15-90; Ord. 09-11 § 1.01)
No person shall operate a boat or personal watercraft that does not meet all applicable equipment requirements of the United States Coast Guard.
(Ord. 54 § 2.02; Ord. 09-11 § 1.01)
No person in charge of any boat or personal watercraft in operation in any waterway, or moored at any wharf, dock or pier, shall allow the same to operate or to remain during the nighttime unless properly lighted in compliance with any applicable U.S. Coast Guard regulations.
(Ord. 54 § 2.03; Ord. 09-11 § 1.01)
It shall be unlawful to operate a motorboat or other power-driven watercraft in a reckless manner over or upon the waters in this city. For the purpose of this section, to "operate in a reckless manner" shall be construed to mean the operation of a motorboat or other power-driven watercraft upon such waters in said city in such a manner as to indicate willful or wanton disregard for the safety of persons or property. A violation of this section shall be designated as a misdemeanor subject to the penalty provided in RMC § 1.30.010. In addition, the court may order the defendant to pay restitution for any damages or injuries resulting from the offense.
(Ord. 54 § 3.01; Ord. 09-11 § 1.01)
It shall be unlawful to operate any boat or other power-driven watercraft in a negligent manner over or upon any waterway. For the purpose of this section, "to operate in a negligent manner" shall be construed to mean operating a vessel in disregard of careful and prudent operation, or in disregard of careful and prudent rates of speed that are no greater than is reasonable and proper under the conditions existing at the point of operation, taking into account the amount and character of traffic, size of the lake or body of water, freedom from obstruction to view ahead, effects of vessel wake, and so as not to unduly or unreasonably endanger life, limb, property or other rights of any person entitled to the use of such waters. It shall be unlawful to operate, land, or moor a boat in any designated swimming area unless an emergency requiring such operation shall exist.
(Ord. 54 § 3.02; Ord. 15-90; Ord. 09-11 § 1.01)
It shall be unlawful for any person to drive, be in actual physical control of, or operate a boat or other power-driven watercraft, while under the influence of or affected by the use of intoxicating liquor or any drug, as is defined under Chapter 69.50 RCW, over and upon any waterway. Determination of such intoxication shall be by the same criteria as provided in RCW 46.61.506, or otherwise in the same manner as when an individual is alleged to be under the influence of an intoxicating liquor or drug while operating a motor vehicle. The fact that any person charged with violation of this section is or has been entitled to use such drugs under the laws of the state shall not be a defense to any charge of violating this section. A violation of this section shall be designated as a misdemeanor and subject to the penalty provided in RMC § 1.30.010. In addition, the court may order the defendant to pay restitution for any damages or injuries resulting from the offense.
(Ord. 54 § 3.03; Ord. 15-90; Ord. 09-11 § 1.01)
It shall be unlawful to keep the propeller of any boat engaged while operating the same in close proximity to any person in the water, unless an emergency requiring such operation shall exist.
(Ord. 54 § 3.04; Ord. 09-11 § 1.01)
The following section: RCW 79A.60.170 as currently enacted or as hereafter amended or recodified from time to time, is hereby adopted by reference and shall be given the same force and effect as if set forth herein in full. The penalties stated in the Revised Code of Washington shall be effective for violations of the law on towing water skiers.
(Ord. 54 § 3.05; Ord. 09-11 § 1.01)
A. 
No person shall operate or manipulate any vessel, tow rope or other device by which the direction or location of a person on water skis, surfboard or similar device may be effected or controlled in such a negligent manner as to endanger or be likely to endanger any person or property.
B. 
No person or persons shall engage in water skiing or be towed on a surfboard or similar device within 300 feet of any boat-launching ramp or within 100 feet of any anchored vessel, trolling vessel, swimmer or swimmers, shoreline, or other activity on or in the water except as permitted by subsection (C) of this section.
C. 
Except on safe takeoffs, vessels with skiers under tow and skier must keep 100 feet or more from shore. A takeoff will not be considered safe unless it can be accomplished without risk to any swimmers or craft. Skiers must be picked up by a vessel before coming within 100 feet of the shore, and brought to shore under the speed restrictions applicable within 100 feet of shore; provided, when safe, the skier and the towing vessel may come within less than 100 feet from the shoreline in the process of landing.
D. 
All vessels towing skiers from a skiing platform or float shall proceed in a counter-clockwise direction.
E. 
All vessels taking off with skiers from within 100 feet of the shoreline shall take off as straight as practicable from shore. On both takeoffs and landings vessels and skiers shall keep as far distant as possible from adjoining docks, floats, and shoreline.
F. 
No vessel shall follow behind a person being towed on skis, surfboard or other device closer than 300 feet, nor cross the towing vessel's bow by less than 200 feet, nor come within less than 100 feet of the person being towed.
G. 
No person shall operate a vessel towing a person or persons on water skis, surfboard or similar device unless another competent person at least 10 years of age in the boat is continuously observing the person being towed; provided, that this subsection shall not apply to motorboats:
1. 
Used by water-ski schools in the giving of instruction;
2. 
Used in duly authorized water-ski tournaments, competitions, expositions, or trials.
A red flag 12 inches by 12 inches on a 24-inch staff must be displayed at all times while a skier is in the water.
(Ord. 15-90; Ord. 09-11 § 1.01)
No person shall operate a boat at greater than minimum headway speed within 150 feet of any designated swimming areas, yacht basin, at or near any public dock or boat launching ramp, or other place of similar concentration of swimmers or craft, except in cases of fire or extreme emergency. No person shall operate any boat at a speed which will cause a wake that will cause injury or damage or is likely to cause injury or damage to other persons or other boats, whether docked, moored or otherwise, in the waterway, except in case of fire or extreme emergency. It shall be unlawful for any person to operate any watercraft within the hereinafter defined no-wake zones in such a manner as to create a visible wake. No-wake zones are hereby defined to be:
A. 
Within the area lying west of Nelson Island from the north tip of the island west to the shore of Leslie Groves Park and the south tip of the island west to the shore of Leslie Groves Park. The no-wake zone will include an additional area within 150 feet of the swimming area marked by ropes and buoys at the Leslie Groves Park. The area will be marked by buoys with no-wake zone signs.
B. 
Within 150 feet of the beach area running the length of Howard Amon Park.
C. 
Within the breakwater of the marina at Columbia Point.
D. 
Within the bay area formed on the downstream side of Bateman Island bounded by the shore of Columbia Park West, the causeway road to the island and the southerly downstream side of Bateman Island. The area shall be marked by a buoy at the open end of the bay, with a no-wake zone sign.
(Ord. 54; Ord. 15-90; Ord. 06-10 § 1.11; Ord. 09-11 § 1.01)
It shall be unlawful for any person to swim:
A. 
More than 100 feet from shore unless the swimmer is accompanied by a vessel or unless in an area specifically designated as a public swimming area.
B. 
In any body of water which is posted "no swimming" by public legal authority.
A violation of this section shall designated as a civil infraction and subject to the penalty provided in RMC § 1.30.010.
(Ord. 15-90; Ord. 09-11 § 1.01)
A person shall not operate a boat or seaplane in a reckless manner, including recklessly weaving through congested vessel traffic, recklessly jumping the wake of another vessel unreasonably or unnecessarily close to the vessel or when visibility around the vessel is obstructed or recklessly swerving at the last possible moment to avoid collision, or throwing up needless wakes when approaching other boats. No person shall operate a seaplane at greater than slow taxiing speed in any yacht basin or similar concentration of boats. A violation of this section shall be designated as a misdemeanor and subject to the penalty provided in RMC § 1.30.010.
(Ord. 54 § 3.08; Ord. 09-11 § 1.01)
No person in charge of, or occupying, a boat shall dump or throw any oil, chemicals, garbage, papers, bottles, cans, refuse or other material or debris into waterways, on islands or shorelands. A violation of this section shall be designated as a misdemeanor and subject to the penalty provided in RMC § 1.30.010.
(Ord. 54 § 3.10; Ord. 09-11 § 1.01)
No boat shall be moored or anchored in any channel or passageway so as to interfere with the full use of the channel or passageway by others.
(Ord. 54 § 4.01; Ord. 09-11 § 1.01)
Except in the case of an emergency, no person shall moor a boat by a private seawall or dock or beach if upon private property within the city of Richland, without the permission of the owner thereof.
(Ord. 54 § 4.02; Ord. 09-11 § 1.01)
Persons in charge of, or occupying, boats docked at or moored to land, docks, piers or wharves abutting waterways shall observe all the health and sanitary regulations of the city of Richland and all ordinances of the city relating to conduct of persons and prohibiting acts contrary to public health, morals and safety in public places.
(Ord. 54 § 4.03; Ord. 09-11 § 1.01)
Persons in charge of, or occupying, boats shall at all times keep the docks, seawalls and premises adjacent to such watercraft in a neat and orderly manner and free from trash, rubbish and debris of all kinds.
(Ord. 54 § 4.04; Ord. 09-11 § 1.01)
Every boat in a waterway which is abandoned, or which becomes a menace to navigation, or unseaworthy, or sinks, grounds, or becomes otherwise disabled, is hereby declared to be a nuisance and the person in charge thereof shall abate such nuisance within five days after notice from the police chief of the city of Richland.
(Ord. 54 § 5.01; Ord. 09-11 § 1.01)
Any Richland police officer shall have authority to board any boat moored or anchored in violation of this chapter, and to move or cause it to be moved to another location; and he shall have the right to hold such boat for the payment of costs incurred in its removal or storage.
(Ord. 54 § 5.02; Ord. 09-11 § 1.01)
Any peace officer of the state of Washington may give any person deemed violating any of the provisions of this chapter a notice to appear before the Benton County district court at a reasonable time, stating the violation claimed in ordinary language, and failure of the person given said notice to appear and defend shall result in forfeiture of bail or the issuance of a warrant of arrest for the violation claimed, or both such forfeiture and issuance of such warrant. The failure of said person to post bond or to appear as set forth in said notice shall constitute a violation of this chapter.
(Ord. 54 § 5.03; Ord. 15-90; Ord. 09-11 § 1.01)
Unless set forth as a misdemeanor in the specific section of this chapter any person who has violated any section or provision of this chapter shall have committed a civil infraction. The penalties for misdemeanors and civil infractions are as set forth in RMC § 1.30.010.
Provided, if the same violator has been found to have committed an infraction violation for the same or similar conduct two separate times, with the violations occurring at the same location and involving the same or similar sections of the Richland Municipal Code or other similar codes, the third or subsequent violation shall constitute a misdemeanor, punishable as provided in RMC § 1.30.010 for criminal offenses.
(Ord. 54 § 1.03; Ord. 209; Ord. 17-84; Ord. 06-10 § 1.11; Ord. 09-11 § 1.01)
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional, such a decision shall not affect the validity of the remaining portion of this chapter.
(Ord. 54 § 1.04; Ord. 09-11 § 1.01)
The city manager, in the name of the city, is authorized to grant permission to individuals or organizations of the individuals resident in Richland for nonexclusive right of access to and use of boat moorage sites on lands owned or leased by the city and shown on a moorage site map in the office of the finance director of the city, for anchoring or otherwise attaching a private mooring and docking facility for private pleasure craft only.
(Ord. 120 § 1.01; Ord. 810 § 1.01)
Application for permit to use land owned by the city or in which the city has a leasehold interest, for anchoring or attaching a private mooring and docking facility, as permitted in this chapter, shall be made to the finance director. The fee for such permit shall be $0.50 per foot of riparian frontage; the term of the permit shall be the calendar year. The full fee shall be charged for a portion of a year.
(Ord. 120 § 1.02; Ord. 810 § 1.02)
Any permit issued under this chapter is contingent upon the permittee securing and holding a valid dock or boat moorage permit from the U.S. Army Corps of Engineers for the use of the reservoir area immediately offshore from the site named in the permit issued by the city. The permittee shall notify the finance director promptly upon his obtaining such permit from the Corps of Engineers. The permit issued by the city shall be void 60 days after its execution unless the city is notified in writing that a valid dock or boat moorage permit has been secured from the U.S. Army Corps of Engineers.
(Ord. 120 § 1.03; Ord. 810 § 1.03)
The holder of any permit issued by the city shall have the first right to apply for a permit for such site for the following year, provided he has faithfully observed all the requirements of this chapter and such permit. If the holder of a permit abandons the site named therein or fails to apply for a permit for the site before April 1st of the year following the year of the permit, or if his permit is cancelled, or if no prior permit has been issued for a site to anyone, a permit for the site may be issued to an individual or organization determined as follows: the finance director shall receive applications for permits, even though no sites are available; the applicants shall be entitled to permits, as sites become available, in the order of the application. In such case the fee shall be paid at the time the permit is issued.
(Ord. 120 § 1.04; Ord. 810 § 1.04)
The city shall have the right to terminate any permit on 30 days' written notice, and without liability on its part. If the Corps of Engineers withdraws a dock or boat moorage permit issued to any permittee hereunder, the city may terminate its permit issued to such permittee, immediately, without liability on its part.
(Ord. 120 § 1.05)
It is unlawful for any person, firm or organization to attach a mooring or docking facility to land owned or leased by the city without having a valid permit therefor under this chapter.
(Ord. 120 § 1.06)
The holder of a boat moorage site permit may use such site only for noncommercial recreational purposes, and in such manner as not to interfere with the use of the general area by the public. He shall keep the site and dock or mooring facility clean and free of brush, weeds and debris. All pertinent facilities shall be operated in a safe manner and all reasonable precautions for the safety of the public shall be observed. No buildings, fences or other structures shall be placed on the site. Any failure on the part of the holder of a permit to observe any of the provisions of this section shall be grounds for the cancellation of the permit by the city manager.
(Ord. 120 § 1.08)
Any person who has violated any provision of this chapter shall have committed a civil infraction subject to a civil penalty as set forth in RMC § 10.02.050(E).
Provided, if the same violator has been found to have committed an infraction violation for the same or similar conduct two separate times, with the violations occurring at the same location and involving the same or similar sections of the Richland Municipal Code or other similar codes, the third or subsequent violation shall constitute a misdemeanor, punishable as provided in RMC § 1.30.010 for criminal offenses.
For any violation of a continuing nature, each day's violation shall be considered a separate offense and shall subject the offender to the above penalties for each offense.
(Ord. 120 § 1.09; Ord. 17-84; Ord. 06-10 § 1.12)