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3 <br /> B. A person's refusal to submit to a test or tests pursuant to EMC 12.02.130 constitutes a class 1 <br /> civil infraction under RCW 7.80.120. <br /> Section 4: <br /> Section 1 (part) of Ordinance No. 1246-86 is amended by the addition of the following section: <br /> Vessels for hire—Requirements. <br /> A.No person who has vessels for hire, or the agent or employee thereof, shall rent, lease,charter, <br /> or otherwise permit the use of a vessel, unless the person: <br /> 1. Displays the vessel registration numbers and a valid decal on the vessel hull as required <br /> by EMC 12.02.175; <br /> 2. Keeps a copy of the vessel registration certificate aboard the vessel,in compliance with <br /> RCW 88.02.340; <br /> 3. Displays a carbon monoxide decal on the vessel as required by RCW 88.02.390(2) if the <br /> vessel is motor-driven and is not a personal watercraft; <br /> 4. Provides a copy of the rental agreement to be kept aboard during the rental, lease,charter, <br /> or use period for vessels required under chapter 88.02 RCW to be registered; <br /> 5. Ensures that the vessel, if motor-propelled,meets the muffler or underwater exhaust <br /> system requirement in RCW 79A.60.130; <br /> 6. Outfits the vessel with the quantity and type of personal flotation devices required by <br /> EMC 12.02.020 for the number and ages of the people who will use the vessel; <br /> 7. Explains the personal flotation device requirements to the person renting, leasing, <br /> chartering, or otherwise using the vessel; <br /> 8. Equips the vessel with a skier-down flag,and explains observer and personal flotation <br /> requirements of EMC 12.02.020, if the persons renting, leasing,chartering, or otherwise <br /> using the vessel will be waterskiing; <br /> Section 5: General duty. <br /> It is expressly the purpose of this ordinance to provide for and promote the health, safety and <br /> welfare of the general public and not to create or otherwise establish or designate any particular <br /> class or group of persons who will or should be especially protected or benefited by the terms of <br /> this ordinance. It is the specific intent of this ordinance that no provision nor any term used in <br /> this ordinance is intended to impose any duty whatsoever upon the city or any of its officers or <br /> employees. Nothing contained in this ordinance is intended nor shall be construed to create or <br /> form the basis of any liability on the part of the city, or its officers, employees or agents, for any <br /> injury or damage resulting from any action or inaction on the part of the city related in any <br /> manner to the enforcement of this ordinance by its officers, employees or agents. <br /> Section 6: Savings. <br /> The enactment of this ordinance shall not affect any case, proceeding, appeal or other matter <br /> currently pending in any court or before the City or in any way modify any obligation, right or <br /> liability, civil or criminal,which may exist by virtue of any of the ordinances herein amended. <br /> Section 7: Severability. <br /> Page 4 <br /> 21 <br />