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Ordinance 3135-09
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Ordinance 3135-09
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11/3/2016 9:25:04 AM
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Ordinances
Ordinance Number
3135-09
Date
7/22/2009
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Failure to stop for law enforcement officer. <br /> Any operator of a vessel who willfully fails to stop when requested or signaled to do so by a <br /> person reasonably identifiable as a law enforcement officer is guilty of a gross misdemeanor, <br /> punishable by up to one year in jail and by a fine of not more than five thousand dollars. <br /> Section 17: Ordinance 1246-86 § 1 (part), 1986 (Chapter 12.02 EMC) is hereby amended by the <br /> addition of the following section: <br /> Duty of operator involved in collision, accident, or other casualty--Immunity from liability <br /> of persons rendering assistance—Penalties. <br /> A. The operator of a vessel involved in a collision, accident, or other casualty, to the extent <br /> the operator can do so without serious danger to the operator's own vessel or persons aboard, <br /> shall render all practical and necessary assistance to persons affected by the collision, accident, <br /> or casualty to save them from danger caused by the incident. Under no circumstances may the <br /> rendering of assistance or other compliance with this section be evidence of the liability of such <br /> operator for the collision, accident, or casualty. The operator shall also give all pertinent accident <br /> information, as specified by rule by the Washington State Parks and Recreation Commission <br /> ("the Commission"), to the law enforcement agency having jurisdiction: PROVIDED, That this <br /> requirement shall not apply to operators of vessels when they are participating in an organized <br /> competitive event authorized or otherwise permitted by the appropriate agency having <br /> jurisdiction and authority to authorize such events. These duties are in addition to any duties <br /> otherwise imposed by law. <br /> B. All reports made to the Commission pursuant to subsection A of this section shall be for <br /> the confidential usage as described in RCW 79A.60.210(1), and use thereof as evidence shall be <br /> limited as described in RCW 79A.60.210(2). <br /> C. Any person who complies with subsection A of this section or who gratuitously and in <br /> good faith renders assistance at the scene of a vessel collision, accident, or other casualty, <br /> without objection of the person assisted, shall not be held liable for any civil damages as a result <br /> of the rendering of assistance or for any act or omission in providing or arranging salvage, <br /> towage,medical treatment, or other assistance, where the assisting person acts as any reasonably <br /> prudent person would have acted under the same or similar circumstances. <br /> D. An operator of a vessel is guilty of a class C felony and is punishable pursuant to RCW <br /> 9A.20.021 if the operator: <br /> 1. Is involved in a collision that results in injury to a person; <br /> 2. Knew or reasonably should have known that a person was injured in the collision; and <br /> 3. Leaves the scene of the collision without rendering all practical and necessary <br /> assistance to the injured person as required pursuant to subsection A of this section, under <br /> circumstances in which the operator could have rendered assistance without serious <br /> danger to the operator's own vessel or persons aboard. <br /> 16 <br />
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