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HomeMy WebLinkAbout4154 O INAN¢ , NO. AN ORDINANCE regulating the use and enjoyment of watercraft on Kitsap Lake, Bremerton, Kitsap County, Washington. T[{E CITY COUNCIL OF T[{E CITY OF BREMERTON DOES ORDAIN: SECTION 1. Bremerton Municipal Code Chapter 13.08 ~~ "Watercraft on Kitsap Lake" is repealed in its entirety and a new Chapter 13.08 is hereby adopted to read as follows: CHAPTER 13.08 WATERCRAFT ON KITSAP LAKE 13.08.010 DEFINITIONS. As used in this chapter the following terms shall have the meaning ascribed to them by this section: 1. "Watercraft" means any contrivance, excluding aircraft, used or capable of being used as a means of transportation or recreation on water, including model craft, powered by an internal or external combustion engine. 2. "Sunrise/Sunset" shall be defined as that prescribed for sunset in Kitsap County by the Director of the Nautical Almanac at the United States Observatory at Washington, D.C. 3. "Aquatic event" or "Regatta" means any organized water event of limited duration which is sanctioned by duly constituted authority and which is conducted according to a prearranged schedule and in which general public interest is manifested. 4. "Diver's flag" means a flag that is nationally recognized as being a diver's flag. 5. "Scuba diving" shall mean that an individual utilizes a self-contained underwater breathing apparatus while swimming underwater. 6. "Water ski" means all forms, manners, means or contrivances of person or persons being towed behind a watercraft. 7. "Buoy" means a float, colored, moored in such a manner as to designate a definite channel or guide for navigation. Said "buoy" to be of sufficient size to be readily seen from a minimum distance of 100 yards from a moving watercraft. 13.08.020 MANNER OF OPERATION (a) It is unlawful to operate a watercraft in a negligent manner or manipulate any vessel, water skis, surfboard or similar device in a disorderly, grossly indifferent or negligent manner so as to endanger the life, limb or property of any person. (b) It is unlawful to operate a watercraft for the towing of water skiers without the presence of another responsible person other than the operator of the craft. Skiers shall be towed in a safe manner in a counter-clockwise rotation. (c) No person shall operate a watercraft at a speed greater than is reasonable and proper under the conditions at the time and place of operation. Factors that may be considered so as to prevent unreasonably endangering persons or property or other rights of any person entitled to the use of such waters include the amount and character of traffic, size of the waters, and freedom from obstruction to view ahead. In no case shall speeds exceed 45 m.p.h. (d) A no wake zone shall be established along the perimeter of the lake and will be marked by buoys at a minimum 200 lineal feet from shore, unless reduced for safety considerations by the Parks Director. At the south end of the lake, buoys will be placed at a reasonable distance from vegetation at the discretion of the Parks Director. It shall be unlawful to operate a watercraft within the no wake zone in excess of "no wake speed," provided, however, that this limitation shall not apply to watercraft operators pulling waterskiers for takeoff and landing at an angle no less than forty-five degrees from the shoreline where executed with due care. These speed restrictions shall not apply to emergency vessels, enforcement vessels, regattas, races, or aquatic events approved through the procedures set forth in this Ordinance. (e) It is unlawful for any person to operate any vessel or watercraft or manipulate any water skis, surfboard, or similar device while: 1. Having a 0.10 percent or more by weight of alcohol content in their blood as shown by chemical analysis of their breath, blood, or other bodily substance made under RCW 46.61. 506, as now or hereafter amended; or 2. Being under the influence of or affected by intoxicating liquor or any drug; or 3. Being under the combined influence of or affected by intoxicating liquor and any drug. (f) It is unlawful for the owner of any watercraft or any person having such watercraft in his or her charge or control, to authorize or knowingly permit the same to be operated by any person who is under the influence of intoxicating liquor or any drug. (g) I't shall be unlawful for any person owning or in charge of a watercraft to knowingly authorize the same to be operated by any person who, by reason of a physical or mental disability would be incapable of safely operating such watercraft. (h) Watercraft operating between sunset and 8:00 a.m. shall be limited to no wake speed. These hours of operation shall be reviewed annually by the Parks and Recreation Board and recommended amendments, if any, referred to the City Council. (i) Watercraft must raise a ski observer flag when pulling skiers. 13.08.030 NOISE CONTROL. Watercraft must comply with WAC 173.70 and shall be enforced by WAC 173.58. This provision shall 2 not apply to watercraft actually competing in an authorized race or regatta or authorized testing for that race or regatta. 13.08.040 SAFETY RULES AND REGULATION BY REFERENCE. All watercraft operated and used upon waters of the City of Bremerton shall, in all respects, conform to the requirements of Washington state law. 13.08.050 SCUBA DIVING. Persons engaging in scuba diving shall mark the water areas where such operations are being conducted with "divers flags" of sufficient size so that they may be seen at a distance of not less than one hundred yards under normal visibility conditions; provided, that where "scuba diving" operations are conducted between the hours of sunset and sunrise, artificially illuminated marker "buoys" shall be provided which are visible at a distance of not less than one hundred yards under normal visibility conditions. "Scuba diving" shall not be conducted so as to unreasonably interfere with normal operation of watercraft. 13.08.060 DUTY TO OBEY LAW ENFORCEMENT OFFICER. 1. Any person operating a watercraft requested or signaled to stop by a law enforcement officer has a duty to stop. The signal given by the law enforcement officer may be hand, voice, emergency light or siren. 2. No person shall wilfully fail or refuse to comply with any lawful order or direction of any duly authorized law enforcement officer. 3. Any person requested to identify himself to a law enforcement officer pursuant to an investigation of a violation of this has a duty to identify himself, give his current address, and sign an acknowledgement of receipt of the notice of violation. 13.08.070 REPORTING OF ACCIDENT. Any person who operates watercraft and collides with the property of another, and causes damage of $500.00 or more shall, within twenty-four hours, report such collision to the Bremerton Police Department. Any persons who operate watercraft and collide with any other watercraft thereby causing any personal injury to a person other than him or herself, shall immediately report the incident to the Bremerton Police Department. 3 13.08.080 REGATTAS, RACES OR AQUATIC EVENTS - APPLICATIONS. Applications for regattas, races, or aquatic events shall be submitted under the conditions set forth in this Section. 1. 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 or life on the waters of Kitsap Lake, shall submit an application to the City Clerk. 2. Applications shall be submitted on forms provided by the City Clerk 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 provided, however, the City Council may waive this time requirement for a written application received prior to the effective date of this Section so long as a formal City application is submitted by June 15th and at least two weeks prior to the event. Each application shall be accompanied by a permit of $150.00 to be paid to the City Clerk along with the application. 3. The application shall include the following details: (a) The name and address of the sponsoring organization; (b) The name, address and telephone number of the person or persons in charge of the event; (c) Nature and purpose of the event; (d) Information as to general interests; (e) Estimated number and types of watercraft participating; (f) Estimated number of spectator watercraft; (g) Estimated number of persons, participants and all others; (h) Minimum number of boats and persons being furnished by sponsoring organization to patrol the event; (i) A time schedule and description of events; (j) A section of a chart or scale drawing showing the boundaries of the event, various water courses or parkings areas and areas to be utilized by participants, officials and spectators; (k) A certificate of insurance showing that the applicant has obtained public liability and property damage 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 to ensure that the requirements for markers, rescue equipment, or other safety conditions stated in the application finally approved are actually provided. The insurance policy required pursuant to this section shall name the City as an additional insured and the City shall be notified by the insurer at least twenty (20) days prior to any cancellation of the insurance. The insurance 4 policy shall also contain a standard form cross- liability endorsement. Such insurance shall contain a minimum coverage of $500,000.00 per occurrence; provided, however, that in the event the applicant desires to have a hydroplane race, the minimum coverage shall be $1,000,000.00 per occurrence. (4) A $1,000.00 performance bond, or $1,000.00 cash deposit, shall be posted by the applicant to ensure that the aforementioned conditions of the application and permit are followed by the applicant. Following the conclusion of the event said $1,000.00 performance bond, or cash deposit, shall be refunded if all conditions have been performed to the satisfaction of the City. (5) Upon receiving an application to hold a regatta, race or aquatic event, the City Clerk's office shall forward the application to the police department, fire department, risk manager, and the parks department. (6) The fire department will make the following determinations, in writing, and send said determinations to the parks department superintendent. (a) Whether the proposed regatta, race or aquatic event may be held on Kitsap Lake safely or whether the interest of safety of life or property requires changes in the application before it can be approved; (b) The extent of paramedic services shall be determined by the fire chief; (c) Whether rescue boats are needed and, if so, the number of required rescue boats; provided, however, that at least two rescue boats positioned as determined by the fire chief shall be required for hydroplane races. The equipment, boats and manpower for these rescue boats shall comply with all applicable state and federal laws, and shall be provided by the applicant; provided, that the applicant will allow Bremerton police and fire personnel to ride in the boats as directed by the fire chief. The rescue boats shall be equipped with fire protection equipment determined necessary by the fire chief. (7) The police department will make the following determinations and will send such determinations to the parks department in writing: (a) Whether the proposed regatta, race or aquatic event may be held on Kitsap Lake safely or whether the interest of safety of life or property requires changes in the application before it can be approved. (b) Whether closure of the lake or a portion thereof is warranted and steps needed to be taken by the applicant in the way of buoys or shore barriers to protect the public; provided, that the parks department will be responsible for posting the closure or partial closure of the lake at least thirty (30) days prior to the designated event and for notifying the F.A.A. of the lake's closure. (c) The amount of law enforcement and manpower supplied by the applicant needed to enforce closure or partial closure of the lake, to include required traffic control in the immediate area of Kitsap Lake. (8) The Risk Manager shall determine whether the insurance provided by the applicant is adequate and will send such determination, in writing, to the parks department. (9) The Parks Department shall communicate the requirements imposed by the fire, police, parks department, and risk manager to the applicant and shall add these requirements to the application. The Parks Department shall then forward the application along with these recommendations to the City Council. (10) The City Council may authorize the approval of any application subject to the minimum requirements imposed by this section, as well as additional requirements recommended by the police, fire, and parks department, and the risk manager, or they may deny the permit. (11) If the permit is granted subject to the conditions set forth in subsection 10, the fire or police department may revoke the permit in the name of the City if, at any time, the applicant, sponsor, or participant in such event violates any of the conditions contained in the application. APPROVED by t~he City Council on the first reading this / /, day of PASSED by the C~ty council of the City of Bremerton this _ day of ( ~-J/~ ........ ~ , 1988. / President, City Council APPROVED this ~- day of ~ ~/~ , 1988. ~E LOBE, Mayor ATTEST: KATHLEEN L. McCLUSKEY, Clerk PUBLISHED: OFID I NANCE l~. 4154 PUBLISHED: APRIL 26, 1988 6