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Personal flotation devices required—Exceptions—Penalty. <br /> A. No person may operate or permit the operation of a vessel on the waters of the city of <br /> Everett without a personal flotation device on board, for each person on the vessel,which is: <br /> 1. In good and serviceable condition; <br /> 2. Of an appropriate size; <br /> 3. Readily accessible; and <br /> 4. In compliance with all requirements of WAC 352-60-030. <br /> B. Except as provided in the Penalty section of this Chapter and subsection C,below, a <br /> violation of subsection A of this section is an infraction,punishable in accordance with IRLJ <br /> 6.2(d)(4). <br /> C. A violation of subsection A of this section is a misdemeanor,punishable by up to 90 days <br /> in jail and a fine of not more than one thousand dollars, if the vessel is carrying passengers for <br /> hire. <br /> D. No person shall operate a vessel under nineteen feet in length on the waters of the city of <br /> Everett with a child twelve years old and under,unless the child is wearing a personal flotation <br /> device that meets or exceeds the United States Coast Guard approval standards of the appropriate <br /> size while the vessel is underway. For the purposes of this section, a personal flotation device is <br /> not considered readily accessible for children twelve years old and under unless the device is <br /> worn by the child while the vessel is underway. The personal flotation device must be worn at all <br /> times by a child twelve years old and under whenever the vessel is underway and the child is on <br /> an open deck or open cockpit of the vessel. The following circumstances are excepted: <br /> 1. While a child is below deck or in the cabin of a boat with an enclosed cabin; <br /> 2. While a child is on a United States Coast Guard inspected passenger-carrying vessel <br /> operating on the navigable waters of the United States; or <br /> 3. While on board a vessel at a time and place where no person would reasonably expect a <br /> danger of drowning to occur. <br /> E. Except as otherwise provided by the Penalty section of this Chapter, a violation of the child <br /> under twelve flotation device requirement is an infraction punishable by a fine in an amount not <br /> to exceed five hundred dollars for each offense. Enforcement of subsection D of this section by <br /> law enforcement officers may be accomplished as a primary action, and need not be <br /> accompanied by the suspected violation of some other offense. <br /> 6 <br />