Ordinance 3135-09 - Laserfiche WebLink

Section 2: Ordinance 1246-86 §1 (part), 1986 (Chapter 12.02 EMC) is hereby amended by the addition of the following section: Failure of vessel to contain required equipment–Liability of operator or owner. 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. Section 3: Ordinance 1246-86 § 1 (part), 1986, as amended by Section 3 of Ordinance No. 2416-99 (EMC 12.02.020), which reads as follows: Personal flotation devices—Exceptions—Penalty. A. When a person uses a recreational boat on the waters of the city of Everett that is propelled or controlled by machinery, sails, oars,paddles,poles, or another vessel, except racing shells, rowing sculls, and racing kayaks, such person shall comply with Title 33, Code of Federal Regulations 175.3, 175.13, 175.15, 175.17, 175.19, 175.21 and 175.23. B. No person shall operate a vessel under nineteen feet in length on the waters of this city with a child twelve years old and under, unless the child is wearing a personal flotation device that meets or exceeds the United States Coast Guard approval standards of the appropriate size, while the vessel is underway. For the purposes of this section, a personal flotation device is not considered readily accessible for children twelve years old and under unless the device is worn by the child while the vessel is underway. The personal flotation device must be worn at all times by a child twelve years old and under whenever the vessel is underway and the child is on an open deck or open cockpit of the vessel. The following circumstances are excepted: 1. While a child is below deck or in the cabin of a boat with an enclosed cabin; 2. While a child is on a United States Coast Guard inspected passenger-carrying vessel operating on the navigable waters of the United States; or 3. While on board a vessel at a time and place where no person would reasonably expect a danger of drowning to occur. C. Any violation of the child under twelve flotation device requirement is an infraction with a maximum penalty of a five-hundred-dollar fine. Enforcement of this section by law enforcement officers may be accomplished as a primary action, and need not be accompanied by the suspected violation of some other offense. Is hereby amended to read as follows: 5