1318-S AAS 4/15/93 S2513.3
SHB 1318 - S COMM AMD
By Committee on Ecology & Parks
ADOPTED 4/15/93
Strike everything after the enacting clause and insert the following:
"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 partially decriminalize the state-wide boating safety laws in order to help the boating community understand and comply with these laws.
It is also the intent of the legislature to increase boat registration fees in order to provide additional funds to local governments for boating safety enforcement and education programs. The funds are to be used for enforcement, education, training, and equipment, including vessel noise measurement equipment. The legislature encourages programs that provide boating safety education in the primary and secondary school system for boat users and potential future boat users. The legislature also encourages boating safety programs that use volunteer and private sector efforts to enhance boating safety and education.
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) "Muffler" or "muffler system" means a sound suppression device or system, including an underwater exhaust system, designed and installed to abate the sound of exhaust gases emitted from an internal combustion engine and that prevents excessive or unusual noise.
(10) "Operate" means to steer, direct, or otherwise have physical control of a vessel that is underway.
(11) "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.
(12) "Observer" means the individual riding in a vessel who is responsible for observing a water skier at all times.
(13) "Owner" means a person who has a lawful right to possession of a vessel by purchase, exchange, gift, lease, inheritance, or legal action whether or not the vessel is subject to a security interest.
(14) "Personal flotation device" means a buoyancy device, life preserver, buoyant vest, ring buoy, or buoy cushion that is designed to float a person in the water and that is approved by the commission.
(15) "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.
(16) "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.
(17) "Public entities" means all elected or appointed bodies, including tribal governments, responsible for collecting and spending public funds.
(18) "Reckless" or "recklessly" means acting carelessly and heedlessly in a willful and wanton disregard of the rights, safety, or property of another.
(19) "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.
(20) "Underway" means that a vessel is not at anchor, or made fast to the shore, or aground.
(21) "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, and small rafts or flotation devices or toys customarily used by swimmers.
(22) "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.
(23) "Waters of the state" means any waters within the territorial limits of Washington state.
(24) "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:
(1) It is a misdemeanor, punishable under RCW 9.92.030, for any person to commit a violation designated as an infraction under this chapter, if during a period of three hundred sixty-five days the person has previously committed two infractions for violating the same provision under this chapter and if the violation is also committed during such period and is of the same provision as the previous violations.
(2) 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.))
(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)) It
shall be a violation for a person to operate a vessel while under the influence
of intoxicating liquor or any drug. A person is considered to be under the
influence of intoxicating liquor or any drug if:
(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)) as provided under RCW 9.92.030. 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:
In addition to the equipment standards prescribed under this chapter, the commission shall adopt rules specifying equipment standards for vessels. Except where the violation is classified as a misdemeanor under this chapter, violation of any equipment standard adopted by the commission is an infraction under chapter 7.84 RCW.
NEW SECTION. Sec. 11. A new section is added to chapter 88.12 RCW to read as follows:
An operator or owner who endangers a vessel, or the persons on board the vessel, by showing, masking, extinguishing, altering, or removing any light or signal or by exhibiting any false light or signal, is guilty of a misdemeanor, punishable as provided in RCW 9.92.030.
NEW SECTION. Sec. 12. A new section is added to chapter 88.12 RCW to read as follows:
(1) The commission shall adopt rules providing for its inspection and approval of the personal flotation devices that may be used to satisfy the requirements of this chapter and governing the manner in which such devices shall be used. The commission shall prescribe the different types of devices that are appropriate for the different uses, such as water skiing or operation of a personal watercraft. In adopting its rules the commission shall consider the United States coast guard rules or regulations. The commission may approve devices inspected and approved by the coast guard without conducting any inspection of the devices itself.
(2) In situations where personal flotation devices are required under provisions of this chapter, the devices shall be in good and serviceable condition and of appropriate size. If they are not, then they shall not be considered as personal flotation devices under such provisions.
NEW SECTION. Sec. 13. A new section is added to chapter 88.12 RCW to read as follows:
If an infraction is issued under this chapter because a vessel does not contain the required equipment and if the operator is not the owner of the vessel, but is operating the vessel with the express or implied permission of the owner, then either or both operator or owner may be cited for the infraction.
Sec. 14. 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 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.
(2) Except as provided in section 6 of this act, a violation of subsection (1) of this section is an infraction under chapter 7.84 RCW if the vessel is not carrying passengers for hire.
(3) A violation of subsection (1) of this section is a misdemeanor punishable under RCW 9.92.030, if the vessel is carrying passengers for hire.
Sec. 15. 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. Except as provided under section
6 of this act, a violation of this subsection is an infraction under chapter
7.84 RCW.
(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. Except as provided under section 6 of this act, a violation of this subsection is an infraction under chapter 7.84 RCW.
(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
device in good and serviceable condition and of appropriate size, or a wet suit
which is approved for personal floatation 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)) a personal flotation device.
Except as provided under section 6 of this act, a violation of this subsection
is an infraction under chapter 7.84 RCW.
(5) 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, punishable as provided under 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,)) either as operator, observer, or
skier, 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
provided under RCW 9.92.030.
(((8))) (7)
The requirements of subsections (2), (3), (4), and (5) 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. 16. A new section is added to chapter 88.12 RCW to read as follows:
(1) A person shall not load or permit to be loaded a vessel with passengers or cargo beyond its safe carrying ability or carry passengers or cargo in an unsafe manner taking into consideration weather and other existing operating conditions.
(2) A person shall not operate or permit to be operated a vessel equipped with a motor or other propulsion machinery of a power beyond the vessel's ability to operate safely, taking into consideration the vessel's type, use, and construction, the weather conditions, and other existing operating conditions.
(3) A violation of subsection (1) or (2) of this section is an infraction punishable as provided under chapter 7.84 RCW except as provided under section 6 of this act or where the overloading or overpowering is reasonably advisable to effect a rescue or for some similar emergency purpose.
(4) If it appears reasonably certain to any law enforcement officer that a person is operating a vessel clearly loaded or powered beyond its safe operating ability and in the judgment of that officer the operation creates an especially hazardous condition, the officer may direct the operator to take immediate and reasonable steps necessary for the safety of the individuals on board the vessel, including directing the operator to return to shore or a mooring and to remain there until the situation creating the hazard is corrected or ended. Failure to follow the direction of an officer under this subsection is a misdemeanor punishable as provided under RCW 9.92.030.
NEW SECTION. Sec. 17. 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 personal flotation device approved by the commission. 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, 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.
(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. 18. 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. 19. 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. 20. 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. 21. 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. 22. 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. 23. 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)) thousand 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)) thousand
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)) thousand
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. 24. 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. 25. 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. 26. 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. 27. 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, punishable as provided under RCW 9.92.030.
Sec. 28. 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 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 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 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 27 of this act and RCW 88.12.260 through 88.12.320.
Sec. 29. 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 on
whitewater rivers proceeding downstream have the right of way over ((watercraft))
vessels proceeding upstream.
(2) In all cases, ((watercraft))
vessels not under power proceeding downstream on whitewater rivers
have the right of way over motorized craft underway.
Sec. 30. 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 in good condition))
personal flotation device;
(((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 successfully completed a lifesaving training course meeting standards adopted by the commission.
Sec. 31. 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. 32. 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. 33. 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. 34. 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. 35. 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. 36. 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. 37. 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.
Sec. 38. RCW 88.02.050 and 1989 c 17 s 1 are each amended to read as follows:
Application for a
vessel registration shall be made to the department or its authorized agent in
the manner and upon forms prescribed by the department. The application shall
state the name and address of each owner of the vessel and such other
information as may be required by the department, shall be signed by at least
one owner, and shall be accompanied by a vessel registration fee of ((six))
ten dollars and fifty cents per year and the excise tax imposed
under chapter 82.49 RCW. Any fees required for licensing agents under RCW
46.01.140 shall be in addition to the ((six-dollar)) ten dollar and
fifty cent annual registration fee.
Upon receipt of the application and the registration fee, the department shall assign a registration number and issue a decal for each vessel. The registration number and decal shall be issued and affixed to the vessel in a manner prescribed by the department consistent with the standard numbering system for vessels set forth in volume 33, part 174, of the code of federal regulations. A valid decal affixed as prescribed shall indicate compliance with the annual registration requirements of this chapter.
The vessel registrations and decals are valid for a period of one year, except that the director of licensing may extend or diminish vessel registration periods, and the decals therefor, for the purpose of staggered renewal periods. For registration periods of more or less than one year, the department may collect prorated annual registration fees and excise taxes based upon the number of months in the registration period. Vessel registrations are renewable every year in a manner prescribed by the department upon payment of the vessel registration fee and excise tax. Upon renewing a vessel registration, the department shall issue a new decal to be affixed as prescribed by the department.
When the department issues either a notice to renew a vessel registration or a decal for a new or renewed vessel registration, it shall also provide information on the location of marine oil recycling tanks and sewage holding tank pumping stations. This information will be provided to the department by the state parks and recreation commission in a form ready for distribution. The form will be developed and prepared by the state parks and recreation commission with the cooperation of the department of ecology. The department, the state parks and recreation commission, and the department of ecology shall enter into a memorandum of agreement to implement this process.
A person acquiring a vessel from a dealer or a vessel already validly registered under this chapter shall, within fifteen days of the acquisition or purchase of the vessel, apply to the department or its authorized agent for transfer of the vessel registration, and the application shall be accompanied by a transfer fee of one dollar.
NEW SECTION. Sec. 39. A new section is added to chapter 88.12 RCW to read as follows:
(1) All motor-propelled vessels shall be equipped and maintained with an effective muffler that is in good working order and in constant use. For the purpose of this section, an effective muffler or underwater exhaust system does not produce sound levels in excess of ninety decibels when subjected to a stationary sound level test that shall be prescribed by rules adopted by the commission, as of the effective date of this section, and for engines manufactured on or after January 1, 1994, a noise level of eighty-eight decibels when subjected to a stationary sound level test that shall be prescribed by rules adopted by the commission.
(2) A vessel that does not meet the requirements of subsection (1) of this section shall not be operated on the waters of this state.
(3) No person may operate a vessel on waters of the state in such a manner as to exceed a noise level of seventy-five decibels measured from any point on the shoreline of the body of water on which the vessel is being operated that shall be specified by rules adopted by the commission, as of the effective date of this section. Such measurement shall not preclude a stationary sound level test that shall be prescribed by rules adopted by the commission.
(4) This section does not apply to: (a) A vessel tuning up, testing for, or participating in official trials for speed records or a sanctioned race conducted pursuant to a permit issued by an appropriate governmental agency; or (b) a vessel being operated by a vessel or marine engine manufacturer for the purpose of testing or development. Nothing in this subsection prevents local governments from adopting ordinances to control the frequency, duration, and location of vessel testing, tune-up, and racing.
(5) Any officer authorized to enforce this section who has reason to believe that a vessel is not in compliance with the noise levels established in this section may direct the operator of the vessel to submit the vessel to an on-site test to measure noise level, with the officer on board if the officer chooses, and the operator shall comply with such request. If the vessel exceeds the decibel levels established in this section, the officer may direct the operator to take immediate and reasonable measures to correct the violation.
(6) Any officer who conducts vessel sound level tests as provided in this section shall be qualified in vessel noise testing. Qualifications shall include but may not be limited to the ability to select the appropriate measurement site and the calibration and use of noise testing equipment.
(7) A person shall not remove, alter, or otherwise modify in any way a muffler or muffler system in a manner that will prevent it from being operated in accordance with this chapter.
(8) A person shall not manufacture, sell, or offer for sale any vessel that is not equipped with a muffler or muffler system that does not comply with this chapter. This subsection shall not apply to power vessels designed, manufactured, and sold for the sole purpose of competing in racing events and for no other purpose. Any such exemption or exception shall be documented in any and every sale agreement and shall be formally acknowledged by signature on the part of both the buyer and the seller. Copies of the agreement shall be maintained by both parties. A copy shall be kept on board whenever the vessel is operated.
(9) Except as provided in section 6 of this act, a violation of this section is an infraction under chapter 7.84 RCW.
(10) Vessels that are equipped with an engine modified to increase performance beyond the engine manufacturer's stock configuration shall have an exhaust system that complies with the standards in this section after January 1, 1994. Until that date, operators or owners, or both, of such vessels with engines that are out of compliance shall be issued a warning and be given educational materials about types of muffling systems available to muffle noise from such high performance engines.
(11) Nothing in this section preempts a local government from exercising any power that it possesses under the laws or Constitution of the state of Washington to adopt more stringent regulations.
NEW SECTION. Sec. 40. A new section is added to chapter 88.02 RCW to read as follows:
Jurisdictions receiving funds under RCW 88.02.040 shall deposit such funds into an account dedicated solely for supporting the jurisdiction's boating safety programs. These funds shall not supplant existing local funds used for boating safety programs.
NEW SECTION. Sec. 41. RCW 82.49.070 and 1988 c 261 s 1, 1985 c 7 s 155, 1984 c 250 s 4, & 1983 2nd ex.s. c 3 s 49 are each repealed.
NEW SECTION. Sec. 42. Section 41 of this act shall take effect June 30, 1994.
NEW SECTION. Sec. 43. Section 38 of this act applies to registrations expiring June 30, 1995, and thereafter.
NEW SECTION. Sec. 44. The following acts or parts of acts are each repealed:
(1) RCW 88.12.030 and 1933 c 72 s 3;
(2) RCW 88.12.040 and 1990 c 231 s 2 & 1933 c 72 s 4;
(3) RCW 88.12.090 and 1933 c 72 s 6;
(4) RCW 88.12.240 and 1986 c 217 s 2;
(5) RCW 88.12.270 and 1986 c 217 s 5;
(6) RCW 88.12.310 and 1986 c 217 s 9;
(7) RCW 88.12.340 and 1986 c 217 s 12; and
(8) RCW 88.12.480 and 1992 c 100 s 8.
NEW SECTION. Sec. 45. (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.--- (section 11 of this act)
RCW 88.12.--- (section 39 of this act)
RCW 88.12.‑‑‑ (section 12 of this act)
RCW 88.12.--- (section 13 of this act)
RCW 88.12.050
RCW 88.12.080
RCW 88.12.‑‑‑ (section 16 of this act)
RCW 88.12.--- (section 17 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.--- (section 27 of this act)
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."
SHB 1318 - S COMM AMD
By Committee on Ecology & Parks
ADOPTED 4/15/93
On page 1, line 1 of the title, after "safety;" strike the remainder of the title and insert "amending RCW 7.84.010, 7.84.020, 88.02.110, 88.12.010, 88.12.020, 88.12.330, 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, 88.12.450, and 88.02.050; reenacting and amending RCW 88.12.100; adding new sections to chapter 88.12 RCW; adding a new section to chapter 88.02 RCW; creating new sections; recodifying RCW 88.12.010, 88.12.020, 88.12.100, 88.12.110, 88.12.120, 88.12.330, 88.12.050, 88.12.080, 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, 88.12.280, 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 82.49.070, 88.12.030, 88.12.040, 88.12.090, 88.12.240, 88.12.270, 88.12.310, 88.12.340, and 88.12.480; prescribing penalties; and providing an effective date."
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