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Home My WebLink About3965 AN ORDINANCE amending Ordinance No. 2804 which regulates watercraft on Kitsap Lake to allow closure of said lake and/or approval of regattas, races, or aquatic events. THE CITY COUNCIL OF THE CITY OF BREMERTON DOES HEREBY ORDAIN: SECTION 1: Ordinance No. 2804, §3 is hereby amended to read as follows: It is unlawful to operate a watercraft at a speed greater than will permit the operator, in the exercise of reasonable care, to bring the watercraft to a stop within the assured clear distance ahead. It is also unlawful to operate a watercraft at a speed in excess of eight (8) miles per hour within 200 feet of any shore, dock, or public swimming area or within 100 feet of any other watercraft or swimmer; provided, however, that this eight mile per hour limitation shall not apply to watercraft operators pulling waterskiers for takeoff or landing at right angles to shore, dock or other launching facilities where such takeoff or landings would not constitute an undue risk to persons or property and; provided, further, that this eight mile per hour limitation shall not apply to regattas, races or aquatic events approved through the procedures set forth in §10 of this Ordinance. SECTION 2: Applications for regattas, races or aquatic events shall be submitted under the conditions set forth in this Ordinance. (A) Definitions - 1. "Regatta" or "race" or "aquatic event" means an organized water event on Kitsap Lake of limited duration which is conducted according to a pre-arranged 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; the number shall be limited to two such regattas, races or aquatic events during any one calendar year on Kitsap Lake. (B) Submission of application - An individual or organization planning to hold a regatta, race or aquatic event which, by its nature, circumstances or location may introduce extra or unusual hazards to the safety of life on the waters of Kitsap Lake, shall submit an application to the Bremerton City Clerk. (C) Applications shall be submitted on forms provided by the City Clerk 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; provided, however, the City Council may waive this time requirement for a written application received prior to the effective date of this Ordinance so long as a formal City application is submitted by June 15 and at least two (2) weeks prior to the event. Each application shall be accompanied by a permit fee of $150.00 to be paid to the City Clerk along with the application. (D) The application shall include the following details: (1) the name and address of the sponsoring organization; (2) the name, address and telephone number of person or persons in charge of the event; (3) nature and purpose of the event; (4) information as to general interests; (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 organization to patrol the event; (9) a time schedule and 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) 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 arising from any acts of 2 ~he holder of the permit, its agents, employees or subcontractors and to insure that the requirements for markers, rescue equipment, or other safety conditions stated in the application finally approved are actually provided. A $1,000.00 performance bond shall be posted by the applicant to insure 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 shall be refunded if all conditions have been performed to the satisfaction of the City. The insurance policy required pursuant to this Ordinance 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 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. (E) 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. (F) The Fire Department will make the following determinations, in writing, and send said determinations to the Parks Department Superintendent: (1) 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; (2) the extent of paramedic services shall be determined by the Fire Chief; (3) 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. (G) The Police Department will make the following determinations and will send such determinations to the Parks Department, in writing: (1) 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; (2) 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; (3) the amount of law enforcement and manpower supplied by the applicant needed to enforce closure or partial closure of the lake. (H) ~rhe Risk Manager shall determine whether the insurance provided by the applicant is adequate and will send such determination, in writing, to the Parks Department Superintendent. (I) The Parks Department Superintendent 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 Superintendent shall then forward the application along with these recommendations to the City Council. (J) The City Council may authorize the approval of any application subject to the minimum requirements imposed by this Ordinance as well as additional requirements recommended by the Police, Fire and Parks Department, and the Risk Manager, or they may deny the permit. (K) If the permit is granted subject to the conditions set forth in (J), the Fire or Police Department may revoke the permit in the name of the City if, at any time, the applicant, s~onsor or participant in such event violates any of the conditions contained in the application. APPROVED by the City Council on the first reading this ~ day of ~ , 1985. PASSED by the City Council of the City of Bremerton, signed by the Mayor and attested to by the City Clerk in authentication of such passage this ~ day of -~-e_. ~ , 1985. MO~t~E DAWKINS, Mayor ATTEST: KATHLEEN L. McCLUSKEY, Clerk 5