Ordinance 3337-13 - Laserfiche WebLink

t cam.,,c,„L- .. Ordinance No. 3337-13 An Ordinance relating to Boating Safety, Amending Ordinance No. 1246-86, Section 1 (part) as provided in Section 9 herein. • Whereas, in the 2013 session, the State Legislature amended the Boating Under the Influence statute, RCW 79A.60.040, to include a per se THC offense and to elevate the crime from a misdemeanor to a gross misdemeanor; and Whereas, the Legislature also added implied consent provisions to State boating safety laws, similar to the automobile implied consent provisions; and Whereas, a new section was added to State boating safety laws requiring any person who has vessels for hire to provide safety equipment with the vessel when the vessel is rented, leased, chartered, etc.; and Whereas, the City of Everett City Council deems it appropriate for City boating safety laws to be consistent with State provisions; NOW, THEREFORE,THE CITY OF EVERETT DOES ORDAIN: Section 1: Section 2 of Ordinance No. 3135-09 (EMC 12.02.015), which reads as follows: 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. Is hereby amended to read as follows: Failure of vessel to contain required equipment—Liability of operator or owner. If a vessel does not contain the safety equipment required under this chapter and the rules of the state parks and recreation commission, and 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 the owner