2016/05/25 Council Agenda Packet

—I ORDINANCE No. 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). Whereas, in the 2014 legislative session,the State of Washington amended the Boating Under the Influence statute, RCW 79A.60.040, which makes it a misdemeanor/gross misdemeanor to operate a vessel in a reckless manner or while under the influence of intoxicating liquor,marijuana, or any drug; and Whereas,the Everett City Council deems it appropriate for the city's vessel regulations to be consistent with State vessel regulations; NOW,THEREFORE,THE CITY OF EVERETT DOES ORDAIN: Section 1. Section 14 of Ordinance No. 3135-09 (EMC 12.02.125),which reads as follows: Operation of vessel in a reckless manner—Penalty. A. It is unlawful for any person to operate a vessel in a reckless manner. B. 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. (Ord. 3135-09 § 14, 2009) Be and the same is hereby amended to read as follows: Operation of vessel in a reckless manner—Penalty. A. It is unlawful for any person to operate a vessel in a reckless manner. restitution for any damages or injuries resulting from the offense. The following section of Washington state law is adopted by reference in all respects, as currently enacted or later amended, as though such section was set forth herein in full: Chapter 79A.60.040 RCW. 64