2016/05/18 Council Agenda Packet

EVERETT CITY COUNCIL AGENDA ITEM COVER SHEET 3 PROJECT TITLE: An Ordinance Relating to Regulation of Vessels, Amending Ordinance 3135-09, Section 14 and Ordinance 1246-86, Section 1 (part) as Amended (Chapter 12.02.125 and 12.02.130 EMC). Location Briefing Proposed Action Consent Action First Reading Second Reading Third Reading Public Hearing COUNCIL BILL 4 Originating Department Contact Person Phone Number FOR AGENDA OF Initialed by: Department Head CAA Council President c(co(92-4 Legal Hil Kaman 425-257-8762 May 18, 2016 Preceding Action Attachments Department(s) Approval Ordinance Legal, Police Amount Budgeted -0- Expenditure Required -0- Account Number(s): Budget Remaining -0- Additional Required -0- DETAILED SUMMARY STATEMENT: State law has changed since the last update of our ordinance relating to 1) operation of a vessel in a reckless mamier, and 2) operation of a vessel while under the influence of intoxicating liquor or drugs, sometimes referred to as Boating Under the Influence. This proposed ordinance would adopt by reference the Revised Code of Washington (RCW 79A.60.040) relating to operation of a vessel in a reckless manner and operation of a vessel while under the influence of intoxicating liquor, marijuana, or drugs to make this section of the Everett Municipal Code (EMC) consistent with State law. Under State law, operating a vessel in a reckless manner constitutes a misdemeanor, while operating a vessel under the influence constitutes a gross misdemeanor. Because this proposed ordinance adopts the boating RCW provisions by reference, it will automatically update if there is a change to the RCWs, keeping the EMC consistent with State law. RECOMMENDATION (Exact action requested of Council): Adopt an Ordinance Relating to Regulation of Vessels, Amending Ordinance 3135-09, Section 14 and ZD Ordinance 1246-86, Section 1 (part) as Amended (Chapter 12.02.125 and 12.02.130 EMC). 11