Z-0416.2 _______________________________________________
SENATE BILL 5291
_______________________________________________
State of Washington 53rd Legislature 1993 Regular Session
By Senators Fraser, Oke, Barr, Erwin, Moore and Winsley
Read first time 01/21/93. Referred to Committee on Ecology & Parks.
AN ACT Relating to boating safety; amending RCW 7.84.010, 7.84.020, 88.02.110, 88.12.010, 88.12.020, 88.12.330, 88.12.040, 88.12.050, 88.12.080, 88.12.130, 88.12.160, 88.12.170, 88.12.180, 88.12.190, 88.12.200, 88.12.210, 88.12.220, 88.12.230, 88.12.250, 88.12.260, 88.12.280, 88.12.290, 88.12.390, 88.12.400, 88.12.410, 88.12.420, 88.12.440, and 88.12.450; reenacting and amending RCW 88.12.100; adding new sections to chapter 88.12 RCW; creating a new section; recodifying RCW 88.12.010, 88.12.020, 88.12.100, 88.12.110, 88.12.120, 88.12.330, 88.12.040, 88.12.050, 88.12.130, 88.12.140, 88.12.150, 88.12.160, 88.12.170, 88.12.180, 88.12.190, 88.12.200, 88.12.210, 88.12.220, 88.12.230, 88.12.260, 88.12.280, 88.12.290, 88.12.300, 88.12.320, 88.12.350, 88.12.360, 88.12.380, 88.12.390, 88.12.400, 88.12.410, 88.12.420, 88.12.430, 88.12.440, 88.12.450, 88.12.460, and 88.12.470; repealing RCW 88.12.030, 88.12.240, 88.12.270, 88.12.310, 88.12.340, and 88.12.480; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. It is the intent of the legislature that the boating safety laws administered by the state parks and recreation commission provide Washington's citizens with clear and reasonable boating safety regulations and penalties. Therefore, the legislature intends to recodify, clarify, and decriminalize the state-wide boating safety laws in order to help the boating community understand and comply with these laws.
Sec. 2. RCW 7.84.010 and 1987 c 380 s 1 are each amended to read as follows:
The legislature declares that decriminalizing
certain offenses contained in Titles 75, 76, 77, and 79 RCW and chapters 43.30
((and)), 43.51, and 88.12 RCW and any rules adopted
pursuant to those titles and chapters would promote the more efficient
administration of those titles and chapters. The purpose of this chapter is to
provide a just, uniform, and efficient procedure for adjudicating those violations
which, in any of these titles and chapters or rules adopted under these
chapters or titles, are declared not to be criminal offenses. The legislature
respectfully requests the supreme court to prescribe any rules of procedure
necessary to implement this chapter.
Sec. 3. RCW 7.84.020 and 1987 c 380 s 2 are each amended to read as follows:
Unless the context clearly requires otherwise, the definition in this section applies throughout this chapter.
"Infraction" means an offense which,
by the terms of Title 75, 76, 77, or 79 RCW or chapter 43.30 ((or)),
43.51, or 88.12 RCW and rules adopted under these titles and chapters,
is declared not to be a criminal offense and is subject to the provisions of
this chapter.
Sec. 4. RCW 88.02.110 and 1987 c 149 s 13 are each amended to read as follows:
(1) Except as otherwise provided in this
chapter, a violation of this chapter((, RCW 43.51.400,)) and the rules
adopted by the department ((and the state parks and recreation commission))
pursuant to these statutes is a misdemeanor punishable only by a fine not to
exceed one hundred dollars per vessel for the first violation. Subsequent
violations in the same year are subject to the following fines:
(a) For the second violation, a fine of two hundred dollars per vessel;
(b) For the third and successive violations, a fine of four hundred dollars per vessel.
(2) After subtraction of court costs and administrative collection fees, moneys collected under this section shall be credited to the current expense fund of the arresting jurisdiction.
(3) All law enforcement officers shall have the
authority to enforce this chapter((, RCW 43.51.400)), and the rules
adopted by the department ((and the state parks and recreation commission))
pursuant to these statutes within their respective jurisdictions: PROVIDED,
That a city, town, or county may contract with a fire protection district for
such enforcement and fire protection districts are authorized to engage in such
activities.
Sec. 5. RCW 88.12.010 and 1933 c 72 s 1 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Boat wastes" includes, but is not limited to, sewage, garbage, marine debris, plastics, contaminated bilge water, cleaning solvents, paint scrapings, or discarded petroleum products associated with the use of vessels.
(2) "Boater" means any person on a vessel on waters of the state of Washington.
(3) "Carrying passengers for hire" means carrying passengers in a vessel on waters of the state for valuable consideration, whether given directly or indirectly or received by the owner, agent, operator, or other person having an interest in the vessel. This shall not include trips where expenses for food, transportation, or incidentals are shared by participants on an even basis. Anyone receiving compensation for skills or money for amortization of equipment and carrying passengers shall be considered to be carrying passengers for hire on waters of the state.
(4) "Commission" means the state parks and recreation commission.
(5) "Darkness" ((is herein
defined to be)) means that period between ((one-half hour after))
sunset and ((one-half hour before)) sunrise.
(("Waters", as used herein, are
defined as any lake, pond or other body of water.))
(6) "Environmentally sensitive area" means a restricted body of water where discharge of untreated sewage from boats is especially detrimental because of limited flushing, shallow water, commercial or recreational shellfish, swimming areas, diversity of species, the absence of other pollution sources, or other characteristics.
(7) "Marina" means a facility providing boat moorage space, fuel, or commercial services. Commercial services include but are not limited to overnight or live‑aboard boating accommodations.
(8) "Motor driven boats and
vessels" ((are defined herein as)) means all boats and
vessels which are self propelled.
(9) "Operate" means to steer, direct, or otherwise have physical control of a vessel that is underway.
(10) "Operator" means an individual who steers, directs, or otherwise has physical control of a vessel that is underway or exercises actual authority to control the person at the helm.
(11) "Observer" means the individual riding in a vessel who is responsible for observing a water skier at all times.
(12) "Personal flotation device" means a buoyancy device, life preserver, buoyant vest, ring buoy, or buoy cushion designed to float a person in the water that is inspected and approved by the United States coast guard.
(13) "Personal watercraft" means a vessel of less than sixteen 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.
(14) "Polluted area" means a body of water used by boaters that is contaminated by boat wastes at unacceptable levels, based on applicable water quality and shellfish standards.
(15) "Public entities" means all elected or appointed bodies, including tribal governments, responsible for collecting and spending public funds.
(16) "Sewage pumpout or dump unit" means:
(a) A receiving chamber or tank designed to receive vessel sewage from a "porta‑potty" or a portable container; and
(b) A stationary or portable mechanical device on land, a dock, pier, float, barge, vessel, or other location convenient to boaters, designed to remove sewage waste from holding tanks on vessels.
(17) "Underway" means that a vessel is not at anchor, or made fast to the shore, or aground.
(18) "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.
(19) "Water skiing" means the physical act of being towed behind a vessel on, but not limited to, any skis, aquaplane, kneeboard, tube, or any other similar device.
(20) "Waters of the state" means any waters within the territorial limits of Washington state.
(21) "Whitewater rivers of the state" means those rivers and streams, or parts thereof, within the boundaries of the state as listed in RCW 88.12.300.
NEW SECTION. Sec. 6. A new section is added to chapter 88.12 RCW to read as follows:
A violation designated in this chapter as a civil infraction shall constitute a misdemeanor until the violation is included in a civil infraction monetary schedule adopted by rule by the state supreme court pursuant to chapter 7.84 RCW.
Sec. 7. RCW 88.12.020 and 1933 c 72 s 2 are each amended to read as follows:
((Every person operating or driving a motor
propelled boat or vessel on any waters in the state, shall drive the same in a
careful and prudent manner at a)) A person shall not operate a vessel in
a negligent manner. For the purposes of this section, to "operate in a
negligent manner" means 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. Except as provided in section 6
of this act, a violation of this section is an infraction under chapter 7.84
RCW.
Sec. 8. RCW 88.12.100 and 1990 c 231 s 3 and 1990 c 31 s 1 are each reenacted and amended to read as follows:
(1) It shall be unlawful for any person to
operate a vessel in a ((negligent)) reckless 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 persons or property or to operate at a rate of speed
greater than will permit the operator in the exercise of reasonable care to
bring the vessel to a safe stop.)) A person commits the crime of
reckless operation of a vessel if the operator operates a vessel carelessly and
heedlessly in a willful or wanton disregard of the rights, safety, or property
of others.
(2) A person is guilty of operating a vessel while under the influence of intoxicating liquor or any drug if the person operates a vessel within this state while:
(a) The person has 0.10 grams or more of alcohol per two hundred ten liters of breath, as shown by analysis of the person's breath made under RCW 46.61.506; or
(b) The person has 0.10 percent or more by weight of alcohol in the person's blood, as shown by analysis of the person's blood made under RCW 46.61.506; or
(c) The person is under the influence of or affected by intoxicating liquor or any drug; or
(d) The person is under the combined influence of or affected by intoxicating liquor and any drug.
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 breath 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.
(3) ((For the purposes of this section,
"vessel" means any watercraft used or capable of being used as a means
of transportation on the water, other than a seaplane.
(4) For the purpose of this section,
"vessel operator" means a person who is in actual physical control of
a vessel.
(5))) A
violation of this section is a misdemeanor, punishable by up to ninety days in
jail and by a fine of not more than one thousand dollars. In addition, the
court may order the defendant to pay restitution for any damages or injuries
resulting from the offense.
Sec. 9. RCW 88.12.330 and 1988 c 36 s 73 are each amended to read as follows:
(1) Every ((peace)) law enforcement
officer of this state and its political subdivisions has the authority to
enforce this chapter. Law enforcement officers may enforce recreational boating
rules adopted by the commission. Such law enforcement officers include, but
are not limited to, county sheriffs, officers of other local law enforcement
entities, wildlife agents of the department of wildlife and fisheries
patrol officers of the department of fisheries, through their directors, the
state patrol, through its chief, ((county sheriffs, and other local law
enforcement bodies, shall assist in the enforcement)) and state park
rangers. In the exercise of this responsibility, all such officers may
stop and board any ((watercraft)) vessel and direct it to
a suitable pier or anchorage ((for boarding)) to enforce this chapter.
(2) ((A person, while operating a watercraft
on any waters of this state, shall not knowingly flee or attempt to elude a law
enforcement officer after having received a signal from the law enforcement
officer to bring the boat to a stop.
(3)))
This chapter shall be construed to supplement federal laws and regulations. To
the extent this chapter is inconsistent with federal laws and regulations, the
federal laws and regulations shall control.
NEW SECTION. Sec. 10. A new section is added to chapter 88.12 RCW to read as follows:
(1) An operator who, recklessly, willfully, or repetitiously endangers a vessel or the persons on board the vessel, by showing, masking, extinguishing, altering, or removing any light or signal or willfully with intent to endanger the vessel, exhibits any false light or signal, is guilty of a misdemeanor as defined in RCW 9.92.030.
(2) Except as provided in section 6 of this act, an operator who negligently violates the vessel lighting rules adopted by the commission or who is unaware of lighting violations on the vessel is guilty of an infraction under chapter 7.84 RCW.
(3) The commission shall specify by rule lighting standards in accordance with United States coast guard regulations.
Sec. 11. RCW 88.12.040 and 1990 c 231 s 2 are each amended to read as follows:
(1) All such motor driven boats or vessels
shall use an adequate and operating muffling device ((with)) such as
a series of baffles and chambers, which shall effectively blend the exhaust and
motor noise in such a manner so as to preclude excessive or unusual noise.
(2) It shall be unlawful to remove, disable, bypass, or use a cutout device on any muffler or muffling device of any vessel, except while engaged in organized racing events in an area designated for that purpose.
(3) A violation of this section constitutes a misdemeanor under RCW 9.92.030.
Sec. 12. RCW 88.12.050 and 1933 c 72 s 5 are each amended to read as follows:
((Every motor driven boat operating on any
such waters and carrying passengers for hire or leased for hire, shall have a
life preserver or life float for each passenger said boat or vessel has
capacity to carry, placed or attached in such manner as to be convenient for
use.))
(1) No person may operate or permit the operation of a vessel on the waters of the state without a United States coast guard-approved personal flotation device on board for each person on the vessel. Each personal flotation device shall be in serviceable condition, of an appropriate size, and readily accessible. Vessels sixteen feet and longer shall have personal flotation devices as specified by commission rules.
(2) Except as provided for in section 6 of this act, a violation of this section by an operator of a recreational vessel not carrying passengers for hire is a civil infraction under chapter 7.84 RCW.
(3) A violation of this section by an operator of a vessel carrying passengers for hire is a misdemeanor as defined under RCW 9.92.030.
(4) The commission shall specify by rule the kinds of personal flotation devices appropriate for vessels used for recreational purposes.
Sec. 13. RCW 88.12.080 and 1990 c 231 s 1 are each amended to read as follows:
(1) The purpose of this section is to promote safety in water skiing on the waters of Washington state, provide a means of ensuring safe water skiing and promote the enjoyment of water skiing.
(2) ((When used in this section, 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.
(a) "Operator" means the individual
in physical control of a vessel. The operator of a personal watercraft shall
be at least fourteen years of age.
(b) "Observer" means the individual
riding in a vessel who shall be responsible for observing the water skier at
all times. The observer and the operator shall not be the same person. The
observer shall be an individual who meets the minimum qualifications for an
observer established by rules of the state parks and recreation commission.
(c) "Personal watercraft" means a
vessel of less than sixteen feet which uses a motor powering a water jet pump,
as its primary source of motive power and which 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.
(d) "Vessel" means every watercraft
used or capable of being used as a means of transportation on the water, other
than a seaplane.
(e) "Waters of Washington state"
means any waters within the territorial limits of Washington state.
(3)))
No vessel ((which has in tow a person or persons on water skis, or similar
contrivance shall be operated)) operator may tow or attempt to tow a
water skier on any waters of Washington state unless such craft shall be
occupied by at least an operator and an observer. The observer shall continuously
observe the person or persons being towed and shall display a flag immediately
after the towed person or persons fall into the water, and during the time
preparatory to skiing while the person or persons are still in the water. Such
flag shall be a bright red or brilliant orange color, measuring at least twelve
inches square, mounted on a pole not less than twenty-four inches long and
displayed as to be visible from every direction. This subsection does not
apply to a personal watercraft, the design of which makes no provision for
carrying an operator or any other person on board, and that is actually
operated by the person or persons being towed. Every remote-operated personal
watercraft shall have a flag attached which meets the requirements of this
subsection.
(3) The observer and the operator shall not be the same person. The observer shall be an individual who meets the minimum qualifications for an observer established by rules of the commission.
(4) No person shall engage or attempt to engage
in water skiing((, or operate or ride on a personal watercraft,))
without wearing an adequate and effective United States coast guard approved
type I, II, III, or V personal ((floatation)) flotation device in
good and serviceable condition and of appropriate size, or a wet suit which is
approved ((for)) as a personal ((floatation)) flotation
device by the United States coast guard. ((A person operating a
personal watercraft equipped by the manufacturer with a lanyard type engine
cutoff switch must attach the lanyard to his or her person, clothing, or
personal floatation device as is appropriate for the specific vessel. It is
unlawful for any person to remove or disable a cutoff switch which was
installed by the manufacturer.))
(5) Except as provided in section 6 of this act, a violation of subsection (2), (3), or (4) of this section is a civil infraction punishable under RCW 7.84.100.
(6) No person shall engage or attempt to engage in water skiing, or operate any vessel to tow a water skier, on the waters of Washington state during the period from one hour after sunset until one hour prior to sunrise. A violation of this subsection is a misdemeanor as defined in RCW 9.92.030.
(((6) No person shall operate a personal
watercraft on the waters of Washington state during the period from sunset
until sunrise.))
(7) No person engaged in water skiing((, or
the operation of a personal watercraft,)) shall conduct himself or herself
in a ((negligent)) reckless manner that willfully or wantonly
endangers, or is likely to endanger, any person or property. A violation of
this subsection is a misdemeanor as defined in RCW 9.92.030.
(8) The requirements of subsections (2),
(3), (4), and (((5))) (6) of this section shall not apply to
persons engaged in tournaments, competitions, or exhibitions that have been
authorized or otherwise permitted by the appropriate agency having jurisdiction
and authority to authorize such events.
(((9) It shall be unlawful for a person to
lease, hire, or rent a personal watercraft to any person who is under sixteen
years of age.))
NEW SECTION. Sec. 14. A new section is added to chapter 88.12 RCW to read as follows:
(1) A person shall not operate a personal watercraft unless each person aboard the personal watercraft is wearing a type I, type II, type III, or type V personal flotation device approved by the United States coast guard. Except as provided for in section 6 of this act, a violation of this subsection is a civil infraction punishable under RCW 7.84.100.
(2) A person operating a personal watercraft equipped by the manufacturer with a lanyard‑type engine cutoff switch shall attach the lanyard to his or her person, clothing, or personal flotation device as appropriate for the specific vessel. It is unlawful for any person to remove or disable a cutoff switch that was installed by the manufacturer.
(3) A person shall not operate a personal watercraft during darkness.
(4) A person under the age of fourteen shall not operate a personal watercraft on the waters of this state.
(5) A person shall not operate a personal watercraft in a reckless manner. Maneuvers that willfully or wantonly endanger life, limb, or property, including but not limited to weaving through congested vessel traffic, jumping the wake of another vessel unreasonably or unnecessarily close to the vessel or when visibility around the vessel is obstructed, and swerving at the last possible moment to avoid collision constitutes reckless operation of a personal watercraft.
(6) A person shall not lease, hire, or rent a personal watercraft to a person under the age of sixteen.
(7) Subsections (1) through (6) of this section shall not apply to a performer engaged in a professional exhibition or a person participating in a regatta, race, marine parade, tournament, or exhibition authorized or otherwise permitted by the appropriate agency having jurisdiction and authority to authorize such events.
(8) Violations of subsections (2) through (6) of this section constitute a misdemeanor under RCW 9.92.030.
Sec. 15. RCW 88.12.130 and 1984 c 183 s 1 are each amended to read as follows:
(1) The operator of a vessel involved in a
collision, accident, or other casualty, to the extent the operator can do so
without serious danger to the operator's own vessel or persons aboard, shall
render all practical and necessary assistance to persons affected by the
collision, accident, or casualty to save them from danger caused by the
incident. Under no circumstances may the rendering of assistance or other
compliance with this section be evidence of the liability of such operator for
the collision, accident, or casualty. ((The operator shall also give his or
her name, address, and the identification of the operator's vessel to the state
parks and recreation commission and any person injured and to the owner of any
property damaged)) The operator shall also give all pertinent accident
information, as specified by rule by the commission, to the law enforcement
agency having jurisdiction: PROVIDED, That this requirement shall not
apply to operators of vessels when they are participating in an organized
competitive event ((covered by a permit issued by the United States coast
guard)) authorized or otherwise permitted by the appropriate agency
having jurisdiction and authority to authorize such events. These duties
are in addition to any duties otherwise imposed by law. Except as provided
for in section 6 of this act, a violation of this subsection is a civil
infraction punishable under RCW 7.84.100.
(2) Any person who complies with subsection (1) of this section or who gratuitously and in good faith renders assistance at the scene of a vessel collision, accident, or other casualty, without objection of the person assisted, shall not be held liable for any civil damages as a result of the rendering of assistance or for any act or omission in providing or arranging salvage, towage, medical treatment, or other assistance, where the assisting person acts as any reasonably prudent person would have acted under the same or similar circumstances.
Sec. 16. RCW 88.12.160 and Code 1881 s 3242 are each amended to read as follows:
Any person taking up any ((scow, boat,
skiff, canoe, or other water craft,)) vessel found adrift, and out
of the custody of the owner, in ((any stream or body of water, within, or
bordering upon)) waters of this state, shall forthwith notify the
owner thereof, if to him or her known, or if upon reasonable inquiry he or
she can ascertain the name and residence of the owner, and request such
owner to pay all reasonable charges, and take such ((water craft)) vessel
away.
Sec. 17. RCW 88.12.170 and Code 1881 s 3243 are each amended to read as follows:
Such notice shall be given personally, or in
writing; if in writing, it shall be served upon the owner, or may be sent by
mail to the post office where such owner usually receives his or her
letters. Such notice shall inform the party where the ((scow, boat, skiff,
canoe, or other water craft)) vessel was taken up, and where it may
be found, and what amount the taker-up or finder demands for his or her
charges.
Sec. 18. RCW 88.12.180 and Code 1881 s 3244 are each amended to read as follows:
In all cases where notice is not given
personally, it shall be the duty of the taker-up to post up at the post office
nearest the place where such ((scow, boat, skiff, canoe, or other water
craft)) vessel may be taken up, a written notice of the taking up of
such ((water craft)) vessel, which shall contain a description of
the same, with the name, if any is painted thereon, also the place where taken
up, the place where the property may be found, and the charge for taking the
same up. If the taker-up is traveling upon ((such stream or body of))
waters of the state, such notice shall be posted up at the first post
office he or she shall pass after the taking up; and in all cases, he or
she shall at the time when, and place where, he or she posts up such
notice, also mail a copy of such notice, directed to the postmaster of each
post office on ((said stream or body of)) waters of the state,
and within fifty miles of the place where such ((water craft)) vessel
is taken up.
Sec. 19. RCW 88.12.190 and Code 1881 s 3245 are each amended to read as follows:
Every person taking up any ((scow, boat,
skiff, canoe, or other water craft,)) vessel so found adrift, and
giving the notice herein required, shall be entitled to receive from the owner
claiming the property, a reasonable compensation for his or her time,
services, expenses, and risk in taking up said property, and take notice of the
same, to be settled by agreement between the parties. In case ((he)) the
person has not, within ten days after the taking up, substantially complied
with the provisions of this chapter in giving the notice, ((he)) the
person shall be entitled to no compensation, but he or she shall be
liable to all damages the owner may have suffered, and be also liable to the
owner for the value of the use of ((said water craft)) the vessel,
from the time of taking it up until the same is delivered to the owner.
Sec. 20. RCW 88.12.200 and 1987 c 202 s 248 are each amended to read as follows:
In case the parties cannot agree on the amount
to be paid the taker-up, or the ownership, and the sum claimed is less than one
hundred dollars, the owner may file a complaint, setting out the facts, and the
judge, on hearing, shall decide the same with a jury, or not, and in the same
manner as is provided in ordinary civil actions before a district judge. If
the amount claimed by the taker-up is more than one hundred dollars, the owner
shall file his or her complaint in the superior court of the county where the
property is, and trial shall be had as in other civil actions; but if the
taker-up claims more than one hundred dollars, and a less amount is awarded him
or her, he or she shall be liable for all the costs in the superior court; and
in all cases where the taker-up shall recover a less amount than has been
tendered him or her by the owner or claimant, previous to filing his or her
complaint, he or she shall pay the costs before the district judge or in the
superior court: PROVIDED, That in all cases the owner, after filing his or her
complaint before a district judge, shall be entitled to the possession of ((such
water craft)) the vessel, upon giving bond, with security to the
satisfaction of the judge, in double the amount claimed by the taker-up. When
the complaint is filed in the superior court, the clerk thereof shall approve
the security of the bond. The bond shall be conditioned to pay such costs as
shall be awarded to the finder or taker-up of such ((scow, boat, skiff,
canoe, or other water craft)) vessel.
Sec. 21. RCW 88.12.210 and Code 1881 s 3247 are each amended to read as follows:
In case the taker-up shall use the ((scow,
boat, skiff, canoe or other water craft)) vessel, more than is
necessary to put it into a place of safety, he or she shall be liable to
the owner for such use, and for all damage; and in case it shall suffer injury
from his or her neglect to take suitable care of it, he or she
shall be liable to the owner for all damage.
Sec. 22. RCW 88.12.220 and 1987 c 202 s 249 are each amended to read as follows:
In case such ((water craft)) vessel
is of less value than one hundred dollars, and is not claimed within three
months, the taker-up may apply to a district judge of the district where the
property is, who, upon being satisfied that due notice has been given, and that
the owner cannot, with reasonable diligence be found, shall order the ((scow,
boat, skiff, canoe, or other water craft)) vessel to be sold, and
after paying the taker-up such sum as he or she shall be entitled to, and the
costs, the balance shall be paid the county treasurer as is provided in the
case of the sale of estrays. In case the ((scow, boat, skiff, canoe, or
other water craft,)) vessel exceeds one hundred dollars, and is not
claimed within six months, application shall be made to the superior court of
the county, and the same proceeding shall be thereupon had. All sales made
under this section shall be conducted as sales of personal property on
execution.
Sec. 23. RCW 88.12.230 and 1986 c 217 s 1 are each amended to read as follows:
The purpose of ((this chapter)) RCW
88.12.250 through 88.12.320 is to further the public interest, welfare, and
safety by providing for the protection and promotion of safety in the operation
of ((watercraft)) vessels carrying passengers for hire on the whitewater
rivers of this state.
NEW SECTION. Sec. 24. A new section is added to chapter 88.12 RCW to read as follows:
Except as provided in RCW 88.12.320(3), the commission of a prohibited act under RCW 88.12.250 through 88.12.320 constitutes a misdemeanor under RCW 9.92.030.
Sec. 25. RCW 88.12.250 and 1986 c 217 s 3 are each amended to read as follows:
(1) No person may operate any ((watercraft))
vessel carrying passengers for hire on whitewater rivers of the state in
a manner that interferes with other ((watercraft)) vessels or
with the free and proper navigation of the rivers of this state.
(2) Every operator of a ((watercraft)) vessel
carrying passengers for hire on whitewater rivers of the state shall at all
times operate the ((watercraft)) vessel in a careful and prudent
manner and at such a speed as to not endanger the life, limb, or property of
any person.
(3) No ((watercraft)) vessel carrying
passengers for hire on whitewater rivers of the state may be loaded with
passengers or cargo beyond its safe carrying capacity taking into consideration
the type and construction of the ((watercraft)) vessel and other
existing operating conditions. In the case of inflatable ((crafts)) vessels,
safe carrying capacity in whitewater shall be considered as less than the
United States Coast Guard capacity rating for each ((watercraft)) vessel.
This subsection shall not apply in cases of an unexpected emergency on the
river.
(4) Individuals licensed under chapter 77.32 RCW and acting as fishing guides are exempt from section 24 of this act and RCW 88.12.260 through 88.12.320.
Sec. 26. RCW 88.12.260 and 1986 c 217 s 4 are each amended to read as follows:
(1) Except as provided in subsection (2) of
this section, ((watercraft)) vessels carrying passengers for hire on
whitewater rivers proceeding downstream have the right of way over ((watercraft))
vessels proceeding upstream.
(2) In all cases, ((watercraft)) vessels
carrying passengers for hire on whitewater rivers not under power have the
right of way over motorized craft underway.
Sec. 27. RCW 88.12.280 and 1986 c 217 s 6 are each amended to read as follows:
(1) While carrying passengers for hire
on whitewater rivers ((sections)) in this state, the operator and
owner of the vessel shall:
(((1))) (a) If using inflatable
((watercraft)) vessels, use only ((watercraft)) vessels
with three or more separate air chambers;
(((2))) (b) Ensure that all
passengers and operators are wearing a securely fastened United States Coast
Guard approved type III or type V ((life jacket)) personal flotation
device in good condition;
(((3))) (c) Ensure that each ((watercraft))
vessel has accessible a spare United States coast guard-approved
type III or type V ((life jacket)) personal flotation device in
good repair;
(((4))) (d) Ensure that each ((watercraft))
vessel has on it a bagged throwable line with a floating line and bag;
(((5))) (e) Ensure that each ((watercraft))
vessel has accessible an adequate first-aid kit;
(((6))) (f) Ensure that each ((watercraft))
vessel has a spare propelling device;
(((7))) (g) Ensure that a repair
kit and air pump are accessible to inflatable ((watercraft)) vessel;
and
(((8))) (h) Ensure that equipment
to prevent and treat hypothermia is accessible to all ((watercraft)) vessels
on a trip.
(2) No person may operate on the whitewater rivers of this state a vessel carrying passengers for hire unless the person has been issued a valid Red Cross standard first aid card or at least its equivalent.
Sec. 28. RCW 88.12.290 and 1986 c 217 s 7 are each amended to read as follows:
(1) ((Watercraft)) Vessel
operators and passengers on any trip carrying passengers for hire on
whitewater rivers of the state shall not allow the use of alcohol during
the course of a trip on a whitewater river section in this state.
(2) Any ((watercraft)) vessel
carrying passengers for hire on any whitewater river section in this state must
be accompanied by at least one other ((watercraft)) vessel under
the supervision of the same operator or owner or being operated by a person
registered under RCW 88.12.320 or an operator under the direction or control of
a person registered under RCW 88.12.320.
Sec. 29. RCW 88.12.390 and 1989 c 393 s 4 are each amended to read as follows:
(1) A marina which meets one or more of the
following criteria shall be designated by the commission as appropriate for
installation of a sewage pumpout or ((sewage)) dump ((station)) unit:
(a) The marina is located in an environmentally sensitive or polluted area; or
(b) The marina has one hundred twenty-five
slips or more and there is a lack of sewage pumpout((s)) or dump
units within a reasonable distance.
(2) In addition to subsection (1) of this
section, the commission may at its discretion designate a marina as appropriate
for installation of a sewage pumpout or ((sewage)) dump ((station))
unit if there is a demonstrated need for a sewage pumpout or ((sewage))
dump ((station)) unit at the marina based on professionally
conducted studies undertaken by federal, state, or local government, or the
private sector; and it meets the following criteria:
(a) The marina provides commercial services, such as sales of food, fuel or supplies, or overnight or live-aboard moorage opportunities;
(b) The marina is located at a heavily used boating destination or on a heavily traveled route, as determined by the commission; or
(c) There is a lack of adequate sewage pumpout
((station)) or dump unit capacity within a reasonable distance.
(3) Exceptions to the designation made under this section may be made by the commission if no sewer, septic, water, or electrical services are available at the marina.
(4) In addition to marinas, the commission may
designate boat launches or boater destinations as appropriate for installation
of a sewage pumpout or ((sewage)) dump ((station)) unit
based on the criteria found in subsections (1) and (2) of this section.
Sec. 30. RCW 88.12.400 and 1989 c 393 s 5 are each amended to read as follows:
(1) Marinas and boat launches designated as
appropriate for installation of a sewage pumpout or ((sewage)) dump ((station))
unit under RCW 88.12.390 shall be eligible for funding support for
installation of such facilities from funds specified in RCW 88.12.450. The
commission shall notify owners or operators of all designated marinas and boat
launches of the designation, and of the availability of funding to support
installation of appropriate sewage disposal facilities. The commission shall
encourage the owners and operators to apply for available funding.
(2) The commission shall seek to provide the most cost-efficient and accessible facilities possible for reducing the amount of boat waste entering the state's waters. The commission shall consider providing funding support for portable pumpout facilities in this effort.
(3) The commission shall contract with, or enter into an interagency agreement with another state agency to contract with, applicants based on the criteria specified below:
(a)(i) Contracts may be awarded to publicly owned, tribal, or privately owned marinas or boat launches.
(ii) Contracts may provide for state
reimbursement to cover eligible costs as deemed reasonable by commission rule.
Eligible costs include purchase, installation, or major renovation of the
sewage pumpout or ((sewage)) dump ((stations)) units,
including sewer, water, electrical connections, and those costs attendant to
the purchase, installation, and other necessary appurtenances, such as required
pier space, as determined by the commission.
(iii) Ownership of the sewage pumpout or ((sewage))
dump ((station)) unit will be retained by the state through the
commission in privately owned marinas. Ownership of the sewage pumpout or ((sewage))
dump ((station)) unit in publicly owned marinas will be held by
the public entity.
(iv) Operation, normal and expected
maintenance, and ongoing utility costs will be the responsibility of the ((marina
or boat launch operator)) contract recipient. The sewage pumpout or
((sewage)) dump ((station must)) unit shall be kept in
operating condition and available for public use at all times during operating
hours of the facility, excluding necessary maintenance periods.
(v) The ((marina owner)) contract
recipient agrees to allow the installation, existence and use of the sewage
pumpout or ((sewage)) dump ((station)) unit by granting an
((easement)) irrevocable license for a minimum of ten years at no
cost ((for such purposes)) to the commission.
(b) Contracts awarded pursuant to (a) of this subsection shall be subject, for a period of at least ten years, to the following conditions:
(i) Any ((facility)) contract
recipient entering into a contract under this section must allow the
boating public access to the sewage pumpout or ((sewage)) dump ((station))
unit during operating hours.
(ii) The ((applicant)) contract
recipient must agree to monitor and encourage the use of the sewage pumpout
or ((sewage)) dump ((station)) unit, and to cooperate in
any related boater environmental education program administered or approved by
the commission.
(iii) The ((applicant)) contract
recipient must agree not to charge a fee for the use of the sewage pumpout
or ((sewage)) dump ((station)) unit.
(iv) The ((applicant)) contract
recipient must agree to arrange and pay a reasonable fee for a periodic
inspection of the sewage pumpout ((facility)) or dump unit by the
local health department or appropriate authority.
(v) Use of a free sewage pumpout or ((sewage))
dump ((station)) unit by the boating public shall be deemed to be
included in the term "outdoor recreation" for the purposes of chapter
4.24 RCW.
Sec. 31. RCW 88.12.410 and 1989 c 393 s 6 are each amended to read as follows:
The department of ecology, in consultation with
the commission, shall, for initiation of the state-wide program only, develop
criteria for the design, installation, and operation of sewage pumpout and ((sewage))
dump ((stations)) units, taking into consideration the ease of
access to the ((station)) unit by the boating public. The
department of ecology may adopt rules to administer the provisions of this
section.
Sec. 32. RCW 88.12.420 and 1989 c 393 s 7 are each amended to read as follows:
The commission shall undertake a state-wide
boater environmental education program concerning the effects of boat wastes.
The boater environmental education program shall provide informational
materials on proper boat waste disposal methods, environmentally safe boat
maintenance practices, locations of sewage pumpout and ((sewage)) dump
((stations)) units, and boat oil recycling facilities.
Sec. 33. RCW 88.12.440 and 1989 c 393 s 9 are each amended to read as follows:
The commission shall, in consultation with
interested parties, review progress on installation of sewage pumpout and ((sewage))
dump ((stations)) units, the boater environmental education
program, and the boating safety program. The commission shall report its
findings to the legislature by December 1994.
Sec. 34. RCW 88.12.450 and 1989 c 393 s 11 are each amended to read as follows:
The amounts allocated in accordance with RCW 82.49.030(3) shall be expended upon appropriation in accordance with the following limitations:
(1) Thirty percent of the funds shall be appropriated to the interagency committee for outdoor recreation and be expended for use by state and local government for public recreational waterway boater access and boater destination sites. Priority shall be given to critical site acquisition. The interagency committee for outdoor recreation shall administer such funds as a competitive grants program. The amounts provided for in this subsection shall be evenly divided between state and local governments.
(2) Thirty percent of the funds shall be
expended by the commission exclusively for sewage pumpout or ((sewage))
dump ((stations)) units at publicly and privately owned marinas
as provided for in RCW 88.12.390 and 88.12.400.
(3) Twenty-five percent of the funds shall be expended for grants to state agencies and other public entities to enforce boating safety and registration laws and to carry out boating safety programs. The commission shall administer such grant program.
(4) Fifteen percent shall be expended for instructional materials, programs or grants to the public school system, public entities, or other nonprofit community organizations to support boating safety and boater environmental education or boat waste management planning. The commission shall administer this program.
NEW SECTION. Sec. 35. The following acts or parts of acts are each repealed:
(1) RCW 88.12.030 and 1933 c 72 s 3;
(2) RCW 88.12.240 and 1986 c 217 s 2;
(3) RCW 88.12.270 and 1986 c 217 s 5;
(4) RCW 88.12.310 and 1986 c 217 s 9;
(5) RCW 88.12.340 and 1986 c 217 s 12; and
(6) RCW 88.12.480 and 1992 c 100 s 8.
NEW SECTION. Sec. 36. (1) The code reviser shall correct all statutory references to sections recodified by this section.
(2) The following sections shall be codified or recodified in the following order in chapter 88.12 RCW:
RCW 88.12.010
RCW 88.12.‑‑‑ (section 6 of this act)
RCW 88.12.020
RCW 88.12.100
RCW 88.12.110
RCW 88.12.120
RCW 88.12.330
RCW 88.12.‑‑‑ (section 10 of this act)
RCW 88.12.040
RCW 88.12.050
RCW 88.12.‑‑‑ (section 14 of this act)
RCW 88.12.130
RCW 88.12.140
RCW 88.12.150
RCW 88.12.160
RCW 88.12.170
RCW 88.12.180
RCW 88.12.190
RCW 88.12.200
RCW 88.12.210
RCW 88.12.220
RCW 88.12.230
RCW 88.12.--- (section 24 of this act)
RCW 88.12.260
RCW 88.12.280
RCW 88.12.290
RCW 88.12.300
RCW 88.12.320
RCW 88.12.350
RCW 88.12.360
RCW 88.12.380
RCW 88.12.390
RCW 88.12.400
RCW 88.12.410
RCW 88.12.420
RCW 88.12.430
RCW 88.12.440
RCW 88.12.450
RCW 88.12.460
RCW 88.12.470.
--- END ---