Title 14
WATERS AND SURFACECRAFT*

Chapters:

14.04 General Provisions

14.08 Definitions

14.12 Port Warden

14.16 Restricted Areas, Fairways and Anchorages

14.20 Water Skiing, Swimming and Diving

14.24 Operation of Watercraft

14.28 Equipment Requirements

14.32 Piers and Marinas

14.36 City Floats, Moorages and Tour Boat Facility

14.38 Repealed

14.40 Nuisances and Debris

14.44 Miscellaneous

14.48 Accidents and Enforcement

* For the statutory provisions regarding the jurisdiction of code cities over adjacent waters, see RCW 35A.21.090. For the provisions regarding its jurisdiction over wharves and landings, see RCW 35A.88.020.

Chapter 14.04
GENERAL PROVISIONS*

Sections:

14.04.010 Authorization.

14.04.020 Application and justification.

14.04.030 Liability for damages.

14.04.040 Public employees —Compliance required.

14.04.050 Authorized emergency vessels and watercraft exempt.

14.04.060 Preservation of actions.

14.04.070 Evidence of payment of King County boat tax required.

* For the statutory provisions regarding watercraft generally, see RCW 88.04.

14.04.010 Authorization.

The city in the exercise of its police power hereby assumes control and jurisdiction over all waters within its limits, and such waters shall, for the purpose of this title, be known as “The Harbor.” This title shall be known and may be cited as the Kirkland boat control ordinance. (Ord. 800 § 1, 1960)

14.04.020 Application and justification.

The provisions of this title shall be applicable to all vessels and watercraft operating in the harbor of the city. The provisions of this title shall be construed to supplement United States laws and state laws and regulations when not expressly inconsistent therewith in the harbor where such United States and state laws and regulations are applicable. (Ord. 800 § 4, 1960)

14.04.030 Liability for damages.

Nothing in this title shall be construed so as to release any person owning or controlling any vessel, watercraft, pier, obstruction or other structure, from any liability for damages, and the safeguards to life and property required in this title shall not be construed as relieving any person from installing and maintaining all other safeguards that may be required by law. (Ord. 800 § 50, 1960)

14.04.040 Public employees —Compliance required.

The provisions of this title shall apply to the operator of any vessel or watercraft owned by or used in the service of the United States Government, or of this state, or of any political subdivision thereof. (Ord. 800 § 53, 1960)

14.04.050 Authorized emergency vessels and watercraft exempt.

The provisions of this title shall be applicable to the operation of any and all vessels or watercraft in the harbor of the city, except that they shall not apply in the following cases:

To any authorized emergency vessel or watercraft actually responding to an emergency call or in immediate pursuit of any actual or suspected violator of the law, within the purpose for which such emergency vessel or watercraft has been authorized; provided, that the provisions of this section shall not relieve the operator of an authorized emergency vessel or watercraft of the duty to operate with due regard for the safety of all persons using the city harbor, nor shall it protect the operator of such emergency vessel or watercraft from the consequence of a reckless disregard for the safety of others; provided, further, the provisions of this section shall in no event extend any special privilege or immunity in operation of any authorized emergency vessel or watercraft for any purpose other than for which the same has been authorized. (Ord. 800 § 54, 1960)

14.04.060 Preservation of actions.

This title shall not affect pending actions or proceedings, civil or criminal, or defenses thereto, but the same may be prosecuted or defended with the same effect as though this title had not been passed. No cause of action or defense thereto, heretofore arising under any of the ordinances hereby repealed shall abate by reason of the passage of this title, whether such action has been commenced or such defense interposed or not, but all such actions may be brought and such defenses interposed with the same effect as though the ordinance had not been repealed. (Ord. 800 § 60, 1960)

14.04.070 Evidence of payment of King County boat tax required.

It is unlawful for any person to moor, store or operate a vessel, the use of which is subject to King County Ordinance 6595, as amended (optional county boat tax), within the city without displaying thereon evidence of compliance with said county ordinance. Any fines which may be collected for violation of this section shall be in addition to the tax required by said county ordinance. (Ord. 2897 § 1, 1985)

Chapter 14.08
DEFINITIONS

Sections:

14.08.010 Generally.

14.08.020 Anchorage.

14.08.030 Aquatic event.

14.08.040 Authorized emergency vessel.

14.08.050 City.

14.08.060 City docks.

14.08.070 Diver’s flag.

14.08.080 Master.

14.08.090 Obstruction.

14.08.100 Oil.

14.08.110 Owner.

14.08.120 Person.

14.08.130 Pier.

14.08.140 Port warden.

14.08.150 Restricted area.

14.08.160 Towboat.

14.08.170 Vessel.

14.08.180 Watercraft.

14.08.010 Generally.

For the purpose of this title, the following words shall be as defined in this chapter. (Ord. 800 § 2 (part), 1960)

14.08.020 Anchorage.

“Anchorage” means a designated position where vessels or watercraft may anchor or moor. (Ord. 800 § 2 (part), 1960)

14.08.030 Aquatic event.

“Aquatic event” means any organized water event of limited duration which is duly sanctioned at least seven days in advance by duly constituted authority and which is conducted according to a prearranged schedule and in which general public interest is manifested. (Ord. 800 § 2 (part), 1960)

14.08.040 Authorized emergency vessel.

“Authorized emergency vessel” means any authorized vessel or watercraft of the city harbor department, city police department, city fire department, King County Sheriff’s department, the United States Government, and state of Washington authorized patrol vessels or watercraft. (Ord. 800 § 2 (part), 1960)

14.08.050 City.

“City” means the city of Kirkland. (Ord. 800 § 2 (part), 1960)

14.08.060 City docks.

“City docks” means all docks and moorage facilities owned and maintained by the city and located in or upon Lake Washington and within the jurisdiction of the city. (Ord. 2351 § 1, 1977: Ord. 800 § 2 (part), 1960)

14.08.070 Diver’s flag.

“Diver’s flag” means a red flag five units of measurement on the hoist by six units of measurement on the fly with a white stripe of one unit crossing the red diagonally with the flag having a stiffener. This flag shall only pertain to skin and SCUBA (Self-Contained Underwater Breathing Apparatus) diving and shall supplement any nationally recognized diver’s flag or marking. (Ord. 800 § 2 (part), 1960)

14.08.080 Master.

“Master” means the captain, skipper, pilot or any person having charge of any vessel or watercraft. (Ord. 800 § 2 (part), 1960)

14.08.090 Obstruction.

“Obstruction” means any vessel or watercraft or any matter which may in any way blockade, interfere with or endanger any vessel or watercraft or impede navigation, or which cannot comply with the “Pilot Rules for Certain Inland Waters of the Atlantic and Pacific Coasts and of the Coast of the Gulf of Mexico.” (C.F. 236479) (Ord. 800 § 2 (part), 1960)

14.08.100 Oil.

“Oil” means any oil or liquid, whether of animal, vegetable or mineral origin, or a mixture, compound or distillation thereof. (Ord. 800 § 2 (part), 1960)

14.08.110 Owner.

“Owner” means the person who has lawful possession of a vessel or watercraft or obstruction by virtue of legal title or equitable interest therein which entitles him to such possession. (Ord. 800 § 2 (part), 1960)

14.08.120 Person.

“Person,” when necessary, means and includes natural persons, associations, copartnerships and corporations, whether acting by themselves or by a servant, agent or employee; the singular number shall, when necessary, be held to mean and include the plural, and the masculine pronoun to include the feminine. (Ord. 800 § 2 (part), 1960)

14.08.130 Pier.

“Pier” means any pier, wharf, dock, float, gridiron or other structure to promote the convenient loading or unloading or other discharge of vessels or watercraft, or the repair thereof. (Ord. 800 § 2 (part), 1960)

14.08.140 Port warden.

“Port warden” means any individual or individuals so designated by the mayor with approval of the city council. (Ord. 800 § 2 (part), 1960)

14.08.150 Restricted area.

“Restricted area” means an area that has been marked in accordance with and as authorized by the laws or regulations of the city to be used for, or closed to, certain designated purposes such as swimming, skin diving, ferry landings, and aquatic events, the method of marking and designation of which shall have been made by the port warden in accordance with the provisions of this title. (Ord. 800 § 2 (part), 1960)

14.08.160 Towboat.

“Towboat” means any vessel or watercraft engaged in towing or pushing another vessel or watercraft or anything other than a vessel or watercraft. (Ord. 800 § 2 (part), 1960)

14.08.170 Vessel.

“Vessel” means any contrivance one hundred fifty feet or more in length overall, used or capable of being used as a means of transportation on water. (Ord. 3840 § 1, 2002: Ord. 800 § 2 (part), 1960)

14.08.180 Watercraft.

“Watercraft” means any contrivance less than one hundred fifty feet in length overall, used or capable or being used as a means of transportation on water. Cribs or piles, shinglebolts, booms or logs, rafts of logs, and rafts of lumber are not included within the terms “watercraft” or “vessel,” but are included within the term “obstruction” when they are floating loose and not under control or when under control and obstructing any navigable channel. (Ord. 3840 § 2, 2002: Ord. 800 § 2 (part), 1960)

Chapter 14.12
PORT WARDEN

Sections:

14.12.010 Duties.

14.12.020 Freight obstructing traffic—Decision final.

14.12.030 Accounting.

14.12.040 Emergency powers.

14.12.010 Duties.

The duties of the port warden as head of the harbor department shall be to:

(1) Enforce the ordinances and regulations of the city upon the waters of the harbor and adjacent thereto when the harbor is affected;

(2) Maintain regular patrols in the harbor for the protection of life and property including, but not limited to, the removal and disposition of oil pollution, drifting debris and nuisances from the waters of the harbor;

(3) Investigate and report upon marine and maritime accidents in the harbor;

(4) Perform all necessary functions in connection with search and rescue in the harbor;

(5) Cooperate with the authorities of the United States, the state of Washington and its political subdivisions in the enforcement of the laws and regulations of the United States, the state of Washington and its political subdivisions;

(6) Designate, indicate the location of, and to patrol anchorage locations for watercraft or vessels within areas set forth by the ordinances of the city;

(7) Establish, maintain and regulate the use of moorage buoys in the harbor for the convenience of watercraft and vessels;

(8) Designate restricted areas. (Ord. 800 § 3, 1960)

14.12.020 Freight obstructing traffic—Decision final.

The determination of the port warden shall be final and conclusive as to all questions relating to the handling of freight or merchandise or as to the position of any vessel or watercraft and all persons handling or in charge of freight or merchandise or vessels or watercraft, shall handle the same expeditiously and without interference with or blocking general traffic and without interfering with commerce and navigation. (Ord. 800 § 44, 1960)

14.12.030 Accounting.

The port warden shall keep an accurate and detailed account of all moneys received or disbursed by him in the performance of his duties, which books of account shall be furnished by and be the property of the city, to be maintained in the police department, which shall at all times within office hours be open to inspection by the public and at all times to inspection and audit by the proper department or departments of the city. (Ord. 800 § 47, 1960)

14.12.040 Emergency powers.

The port warden and the officers of the police department are hereby authorized to direct all waterborne traffic, either in person or by means of visible or audible signal in conformance with the provisions of this title; provided, that where necessary to expedite waterborne traffic, or to prevent or eliminate congestion, or to safeguard persons or property, such officers, or in the event of a fire or other emergency, such officers and other authorized officers of appropriate governmental agencies or authorities, may direct waterborne traffic as conditions may require, notwithstanding the provisions of this title. (Ord. 800 § 58, 1960)

Chapter 14.16
RESTRICTED AREAS, FAIRWAYS
AND ANCHORAGES

Sections:

14.16.010 Restricted areas.

14.16.020 Fairways.

14.16.025 Vessel mooring restriction.

14.16.030 Anchorages.

14.16.040 Obstructions—Moving.

14.16.010 Restricted areas.

In the interest of safe navigation, life safety, and protection of property, the port warden shall designate restricted areas and the purpose for which same shall be used. No person shall operate a vessel or watercraft within a restricted area; provided, that this section shall not apply to vessels or watercraft engaged in or accompanying the activity to which the area is restricted, nor to patrol or rescue craft or in the case of an emergency. (Ord. 800 § 19, 1960)

14.16.020 Fairways.

(a) All waters herein specified, subject to reservations for anchorage and restricted areas, shall be known as “fairway,” and shall not be obstructed in any manner whereby navigation may be endangered or impeded, and shall include, subject to such reservations all of Lake Washington lying or being within the corporate limits of the city or within the jurisdiction and control of the city.

(b) All navigable waters in the projection of public streets, lying on the landward side of the outer harbor line, shall be fairway. It is unlawful for the master, or other person in charge of any vessel, watercraft or obstruction to anchor, tie or make fast the same in any such fairway for a longer period of time than reasonably sufficient to load or unload the same, except that the port warden may, in his discretion, grant any permit for the use of any such fairway for a longer period of time. (Ord. 3840 § 3, 2002; Ord. 800 § 27, 1960)

14.16.025 Vessel mooring restriction.

Watercraft, as defined in Section 14.08.180, may be moored at a moorage facility for one or two boats and a general moorage facility in accordance with the Kirkland Zoning Code. An inoperable vessel is deemed to be an obstruction and shall be removed within ten days. Subject to Section 14.16.030 and Chapter 14.38 of this title, the mooring of any vessel is prohibited in a general moorage facility in zones RM, WDI, WDIII, CBD-2, JBD-5, PLA-3B, and PLA-15A of the Kirkland Zoning Code. (Ord. 3840 § 4, 2002)

14.16.030 Anchorages.

Subject to Sections 14.60.020(b) and 14.16.025, anchoring or vessels and watercraft, as defined in Sections 14.08.170 and 14.08.180, for over ten days is prohibited in Lake Washington both within the corporate limits of the city (outer harbor line) and within the jurisdictional limits of the city (middle of Lake Washington). Whenever deemed advisable by the port warden, he may grant a written permit to the master or owner of any vessel or watercraft for the anchoring of the vessel or watercraft outside of the outer harbor line, or in any fairway as provided in Section 14.16.020(b). (Ord. 3840 § 5, 2002: Ord. 800 § 28, 1960)

14.16.040 Obstructions—Moving.

(a) No master or person having charge of any vessel, watercraft or obstruction shall anchor the same in any anchorage or fairway nor make the same fast to any buoy, pier or other structure owned by or under the authority and control of the city without obtaining permission therefor from the port warden and/or police department, of the city.

(b) No master, owner or other person in charge of any towboat shall while towing any vessel, watercraft or obstruction, obstruct any channel or fairway.

(c) The port warden shall have the power to order:

(1) Any vessel, watercraft or obstruction anchored in anchorage or fairway or made fast to any buoy, pier or other structure owned by or under the authority and control of the city;

(2) Any towboat and/or its tow obstructing navigation in any channel or fairway; and

(3) Any vessel, watercraft or obstruction lying at any pier in the harbor which is obstructing any slip, fairway or other vessel or watercraft, to be removed and it is unlawful to fail, neglect or refuse to do so. (Ord. 800 § 9, 1960)

Chapter 14.20
WATER SKIING, SWIMMING AND DIVING

Sections:

14.20.010 Swimming.

14.20.020 Skin diving.

14.20.030 Water skiing.

14.20.010 Swimming.

Swimming in the harbor shall be confined to:

(1) Restricted swimming areas; or

(2) To within a distance of fifty feet from the shore or a pier unless the swimmer is accompanied by a watercraft. (Ord. 800 § 20, 1960)

14.20.020 Skin diving.

Skin diving is prohibited in the harbor within three hundred feet of any dock or ferry slip, except pursuant to permit therefor issued by the port warden and except for commercial diving. Whenever any diver is in the water, he shall be accompanied by a watercraft or the area in which he is diving shall be marked by an adequately displayed diver’s flag. (Ord. 800 § 21, 1960)

14.20.030 Water skiing.

(a) No watercraft which shall have in tow or shall be otherwise assisting a person on water skis, aquaplane, surfboard or similar contrivances shall be operated or propelled in the waters of the city unless such watercraft shall be occupied by at least two competent persons; provided, that this subsection shall not apply to watercraft used in duly authorized water ski tournaments, competitions, expositions, or trial therefor.

(b) Water skiing on waters of the city shall be regulated as follows:

(1) It is unlawful to ski parallel to the shoreline, within one hundred yards of any shoreline pier, restricted area or shore installation. Skiing within one hundred yards of any shoreline, pier restricted area or shore installation, except for return to the shore must be in a direction headed away from the shoreline. The return to shore must be at an angle of not less than forty-five degrees to the shoreline. Watercraft complying with this regulation may exceed speed regulations provided in Section 14.24.030;

(2) No watercraft shall have in tow or shall otherwise be assisting a person on water skis, aquaplane, surfboard or similar contrivance from one-half hour after sunset to sunrise;

(3) All persons being towed by watercraft shall wear an adequate floatation device;

(4) All watercraft having in tow or otherwise assisting a person on water skis, aquaplane, surfboard or similar contrivance, shall be operated in a careful and prudent manner and at a reasonable distance from persons and property so as not to endanger the life or property of any person.

(c) Regulations stated in this section shall not apply to watercraft used in duly authorized water ski tournaments, competitions, expositions, or trials therefor, which have been duly authorized by the appropriate governmental agency, the city. (Ord. 2052 § 2, 1969: Ord. 800 § 22, 1960)

Chapter 14.24
OPERATION OF WATERCRAFT*

Sections:

14.24.010 Negligent operation.

14.24.020 Reckless operation.

14.24.030 Speed regulations on waters within city jurisdiction.

14.24.040 Interference with navigation or disturbing other boats.

14.24.050 Intoxication.

14.24.060 Incapacity of operator.

14.24.070 License required.

14.24.080 Overloading.

14.24.090 Rules of the road.

14.24.100 Propellers.

14.24.110 Explosives.

14.24.120 Boilers.

14.24.130 Yielding right-of-way to authorized emergency vessels and watercraft.

* For the statutory provisions regarding operating while intoxicated, see RCW 9.91.020; overloading causing death, manslaughter, see RCW 9.48.110; mooring to or tampering with moorings or buoys, see RCW 9.61.010, 9.61.040; reckless operation resulting in death, manslaughter, see RCW 9.48.120.

14.24.010 Negligent operation.

Any person who operates any watercraft in a manner so as to endanger or be likely to endanger any person or property or at a rate of speed greater than will permit him in the exercise of reasonable care to bring the watercraft to a stop within the assured clear distance ahead, is guilty of negligent operation and a violation of this title. (Ord. 800 § 5, 1960)

14.24.020 Reckless operation.

No person shall operate a boat in a reckless manner, or at an excessive rate of speed so as to endanger, or be likely to endanger, the life or property of any person, having due regard for the presence of other boats, or persons, or other objects in or on a waterway. Nor shall any such person operate any boat at a rate of speed which causes waves to damage docks, wharves, seawalls, or boats moored to docks or wharves along a waterway. (Ord. 800 § 6, 1960)

14.24.030 Speed regulations on waters within city jurisdiction.

It is unlawful for any person to operate any watercraft or vessel at a speed of in excess of seven nautical miles per hour within one hundred yards of any shoreline, pier, restricted area or shore installation, except as provided in Section 14.20.030. (Ord. 2052 § 1, 1969: Ord. 800 § 7, 1960)

14.24.040 Interference with navigation or disturbing other boats.

(a) No person shall operate any watercraft or vessel in a manner which shall unreasonably or unnecessarily interfere with other watercraft or vessels or with the free and proper navigation of the waterways of the city. Anchoring or mooring under bridges or in heavily travelled channels shall constitute such interference if unreasonable under the prevailing circumstances.

(b) No person shall operate a boat in such a manner as to unjustifiably or unnecessarily annoy or frighten or endanger the occupants of any other boat, or throw up a dangerous wake when approaching another boat. (Ord. 800 § 8, 1960)

14.24.050 Intoxication.

(a) It is unlawful for any person who is under the influence of intoxicating liquor or narcotic or habit-forming drugs to operate or be in actual physical control of any vessel or watercraft.

(b) It is unlawful for the owner of any vessel or watercraft or any person having such in charge or in control to authorize or knowingly permit the same to be operated by any person who is under the influence of intoxicating liquor, narcotic or habit-forming drugs. (Ord. 800 § 12, 1960)

14.24.060 Incapacity of operator.

It is unlawful for the owner of any vessel or watercraft or any person having such in charge or in control to authorize or knowingly permit the same to be operated by any person who by reason of physical or mental disability is incapable of operating such vessel or watercraft under the prevailing circumstances. (Ord. 800 § 13, 1960)

14.24.070 License required.

No person shall operate a boat unless properly licensed as required by applicable state and federal laws and regulations. No person shall operate a boat which does not meet all applicable equipment requirements of the United States Coast Guard. (Ord. 836 § 1, 1961: Ord. 800 § 16, 1960)

14.24.080 Overloading.

No watercraft shall be loaded with passengers or cargo beyond its safe carrying capacity nor carry passengers in an unsafe manner, taking into consideration weather and other existing operating conditions. (Ord. 800 § 18, 1960)

14.24.090 Rules of the road.

Except as herein otherwise specified, vessels or watercraft shall be subject to the “Rules to Prevent Collisions of Vessels and Pilot Rules for Certain Inland Waters of the Atlantic and Pacific Coasts and of the Coast of the Gulf of Mexico” (C.F. 236479), promulgated by the United States Coast Guard, pursuant to the act of Congress, as such rules are now or may hereafter from time to time be adopted. (Ord. 800 § 30, 1960)

14.24.100 Propellers.

No master, owner, or other person in charge of any vessel or watercraft shall, while the same is lying in any slip or at any pier, either cause or allow the propeller or wheel of such vessel or watercraft to be worked in such a manner as to endanger any vessel, watercraft or structure. (Ord. 800 § 32, 1960)

14.24.110 Explosives.

Every vessel or watercraft approaching or passing any vessel or watercraft engaged in the transfer of explosives and from which is displayed the red powder flag shall slow down to a speed of not exceeding six nautical miles an hour before coming abreast of such vessel or watercraft and in time to prevent accident by reason of swells. (Ord. 800 § 33, 1960)

14.24.120 Boilers.

It is unlawful for the master of any vessel or watercraft or the engineer or person in charge of any engine or fire room thereof, to blow down boilers and/or tubes or emit soot therefrom or cause or allow the same to be done while lying at any pier except through an underwater exhaust or outlet. (Ord. 800 § 39, 1960)

14.24.130 Yielding right-of-way to authorized emergency vessels and watercraft.

It shall be the duty of the master, owner or operator of a vessel or watercraft to reduce speed and if necessary stop his vessel or watercraft and at the same time yielding right-of-way as herein otherwise specified upon the approach of an authorized emergency vessel or watercraft displaying a red light and sounding a siren and while actually responding to an emergency or in immediate pursuit of any actual or suspected violator of the law, within the purpose for which such emergency vessel or watercraft has been authorized. (Ord. 800 § 56, 1960)

Chapter 14.28
EQUIPMENT REQUIREMENTS

Sections:

14.28.010 Excessive power prohibited.

14.28.020 Mufflers.

14.28.030 Whistles and lights.

14.28.040 Equipment and numbering.

14.28.050 Exhibition boats exempted.

14.28.010 Excessive power prohibited.

No watercraft shall be equipped with any motor or other propulsion machinery beyond its safe power capacity, taking into consideration the type and the construction of such watercraft and other existing operating conditions. (Ord. 836 § 2, 1961: Ord. 800 § 17, 1960)

14.28.020 Mufflers.

It is unlawful to use or operate any engine in or on Kirkland Harbor unless the engine is operated with and connected to a muffler or silencer of sufficient size and capacity effectually to muffle and prevent excessive or unusual noise from the exhaust of the engine. (Ord. 800 § 23, 1960)

14.28.030 Whistles and lights.

It is unlawful for the master, owner or any other person in charge of the watercraft or vessel, while lying at any pier, or while navigating in Kirkland Harbor, unnecessarily to cause any whistle or siren to be blown or sounded, nor shall any person flash the rays of a searchlight or other blinding light onto the bridge or into the pilot house of any vessel or watercraft under way for any purpose other than those authorized by law. (Ord. 800 § 24, 1960)

14.28.040 Equipment and numbering.

All watercraft or vessels shall carry the equipment required by any applicable United States laws as now or hereafter amended and shall be numbered or designated in accordance with any applicable United States laws or laws of the state of Washington. (Ord. 800 § 25, 1960)

14.28.050 Exhibition boats exempted.

The provisions of this title shall not be construed to prohibit the running of racing or exhibition boats, muffled or unmuffled, during a publicly announced, properly authorized and supervised and adequately patrolled regatta or speed trial or exhibition. (Ord. 800 § 26, 1960)

Chapter 14.32
PIERS AND MARINAS

Sections:

14.32.010 Unsafe piers.

14.32.020 Pier lights.

14.32.030 Safety devices.

14.32.040 Roadway barriers.

14.32.050 Dangerous gangways.

14.32.060 Mooring at private docks without permission.

14.32.070 Boat livery records.

14.32.010 Unsafe piers.

Whenever any pier or gangway devoted to passenger traffic is damaged or appears to the port warden to become unsafe so as to render the same or any portion thereof unsafe for life or property, the port warden shall report the matter to the city building superintendent who shall inspect the same and shall order any unsafe portion thereof barricaded with proper fencing until such time as necessary repairs thereto shall be made, and if the owner, agent or lessee of such pier fails to comply with the orders of the city building inspector immediately, the city building inspector shall prohibit the use of the unsafe portion of such pier and may erect the necessary fencing or barricade and the expense thereof shall be paid by and recoverable from the owner, agent or lessee of such pier. (Ord. 800 § 34, 1960)

14.32.020 Pier lights.

In the interests of safe navigation and the protection of property, the port warden shall establish standards for the lighting of piers in the harbor. Between the hours of sunset and sunrise all piers shall be kept lighted in accordance with the requirements of the port warden. All walks, passageways, openings or gangways upon any pier upon or through which passengers may pass shall be kept adequately lighted between sunset and sunrise. (Ord. 800 § 35, 1960)

14.32.030 Safety devices.

Every owner, agent or lessee having charge of any commercial pier shall furnish and keep for use on such pier at least one serviceable thirty-inch ring life buoy for every three hundred lineal feet of berthing space to each of which shall be attached at least two hundred feet of suitable line, one end of which shall be fastened to the ring buoy. Each ring buoy and line attached thereto shall be kept in a suitable box on the pier for the use of the public in case of accident, which box shall be properly labeled and be at all times kept clear of obstructions, and it shall be unlawful to take away, molest, injure or destroy the same or either of them or to disturb the same, or either of them, except for use in saving life and property. (Ord. 800 § 36, 1960)

14.32.040 Roadway barriers.

Any person owning or operating or having control of any trestle, road or roadway or spur track over or upon the harbor which is open to the public as a way for travel, shall guard the same by adequate fences or barriers along the side or sides thereof, and at any or all other exposed or dangerous places, and where not open as way for travel, substantial and adequate fences or barriers shall be provided to prevent the use of the same by the public, and upon failure to do so, the port warden shall order such facility closed, or may close the same until the same shall be made to conform to the requirements hereof, and any expense incurred in so doing shall be paid to, and recoverable by, the city from the person owning or operating the same. (Ord. 800 § 37, 1960)

14.32.050 Dangerous gangways.

Wherever any gangway devoted to public use shall appear to be dangerous to the port warden for such use, he shall report the matter to the city building superintendent, who shall inspect the same and shall forbid the use of such gangway for such purpose until the same shall have been repaired or reconstructed so as to render the same safe for such use and until the same as so reconstructed or repaired has been inspected by the city building superintendent and its use for such purpose approved by him. (Ord. 800 § 38, 1960)

14.32.060 Mooring at private docks without permission.

No person shall moor a boat to a private seawall or dock or beach it upon private property within the city without the permission of the owner thereof. (Ord. 800 § 43(2), 1960)

14.32.070 Boat livery records.

The owner or proprietor of a boat livery shall cause to be kept a record of the name and address of the person or persons hiring any watercraft, the identification number of such watercraft, the departure date and time and the date and time of the return of such watercraft. Such record shall be preserved for not less than six months after the departure date of such watercraft and shall be kept available for inspection by any duly authorized agency or authority. Prior to departure from the premises of such boat livery any such watercraft shall carry the equipment required by this title. (Ord. 800 § 49, 1960)

Chapter 14.36
CITY FLOATS, MOORAGES AND TOUR BOAT FACILITY

Sections:

14.36.010 Definitions.

14.36.020 Parks and community services department responsibilities.

14.36.030 City floats and moorage.

14.36.040 Moorage rates and duration.

14.36.050 Moorage prohibitions.

14.36.060 Additional rules and regulations.

14.36.070 Compliance required.

14.36.080 Authority to impound.

14.36.090 Redemption of impounded watercraft.

14.36.100 Sale of impounded watercraft.

14.36.110 Boat launch ramp.

14.36.120 Boat launch ramp—Hours of operation.

14.36.130 Boat launch ramp—Limitation on length of boats.

14.36.140 Boat launch ramp—Fee for use.

14.36.150 Boat launch ramp—Unlimited hydroplane races.

14.36.160 Boat launch ramp—Parking of boat trailers.

14.36.170 Commercial tour boat facility—Use requirements.

14.36.180 Commercial tour boat facility—Hours of use.

14.36.190 Commercial tour boat facility—Information kiosk.

14.36.200 Commercial tour boat facility— Operating policies, rules and regulations.

14.36.210 Commercial tour boat facility— Moorage fee.

14.36.220 Commercial tour boat facility—Prior reservation and fee payment required.

14.36.230 Commercial tour boat facility—Transportation of passengers.

14.36.240 Commercial tour boat facility—Bus connections.

14.36.250 Commercial tour boat facility—Violations of this chapter and penalties.

14.36.010 Definitions.

The following definitions shall apply when used in this chapter:

(1) “Commercial tour boat facility” means the extension to the Marina Park moorage pier, constructed in 1988, and signed for commercial tour boat usage only.

(2) “Marina Park moorage pier” means the city pier located in Marina Park, not including the commercial tour boat facility.

(3) “Parks director” means the city’s director of parks and community services or his or her designee.

(4) “Second Avenue South pier” means the city-owned pier located in the Second Avenue South right-of-way in Lake Washington. (Ord. 4098 § 3 (part), 2007)

14.36.020 Parks and community services department responsibilities.

The parks director, or his or her designee, shall be responsible for the overall administration, maintenance and operation of all city floats, piers and moorages, including the commercial tour boat facility (the 1988 extension of the Marina Park moorage pier). (Ord. 4098 § 3 (part), 2007)

14.36.030 City floats and moorage.

(a) Unless posted to restrict or prohibit moorage, all city floats, piers, or moorages may be used by watercraft for moorage purposes as provided in this chapter. Moorage for the following purposes is prohibited:

(1) Handling freight;

(2) Mooring of boats or watercraft for sale or commercial display;

(3) Receiving or discharging fee-paying or commercial passengers without having obtained prior written permission from the city;

(4) Any other commercial use except for authorized use of the commercial tour boat facility.

(b) No moorage or other tie-up by ropes, cables or other fastenings shall be made except by use of tie-up cleats provided for such purposes. (Ord. 4098 § 3 (part), 2007)

14.36.040 Moorage rates and duration.

(a) The moorage rates to be assessed against watercraft moored at the Marina Park moorage pier and the Second Avenue South pier shall be established on an annual basis by the parks director by department regulation; provided, that if the parks does not establish a moorage rate in a particular year, the most recently established moorage rate shall continue to be in effect until new moorage rates are established.

(b) The parks director may charge different rates at different facilities. Moorage rates may be charged no more frequently than on daily increments. Daily moorage rates shall be posted at the moorage facilities. The moorage rate for the first day is due at the time the watercraft is tied up to the pier. The moorage rate for additional days is due at noon on each day.

(c) Moorage or lying time at the Marina Park moorage facility shall not exceed five days in any consecutive seven-day period during the months of June, July and August without the prior written permission of the parks director. (Ord. 4098 § 3 (part), 2007)

14.36.050 Moorage prohibitions.

(a) No person shall moor a watercraft at a city moorage facility without registering and paying the established fee in advance. No person shall continue to moor a watercraft at a city moorage facility without paying the established moorage fee as it becomes due.

(b) No person shall moor a watercraft in an area that has been posted to prohibit moorage. No person shall, without city authorization, moor a watercraft in an area that has been posted as a restricted area.

(c) The tying together or rafting of watercraft moored at a city moorage facility is prohibited. (Ord. 4098 § 3 (part), 2007)

14.36.060 Additional rules and regulations.

Pursuant to Chapter 3.68 of the Kirkland Municipal Code, the parks director is empowered to develop and implement rules and regulations regarding the operation and maintenance of the Marina Park moorage pier, the Second Avenue South pier, the commercial tour boat facility, and any other city moorage facilities, in accordance with applicable laws and regulations. The rules and regulations may include registration of watercraft, payment of moorage and related fees, ingress and egress of watercraft and persons from the moorage facilities and any other aspect of the operation and maintenance of the moorage facilities. The rules and regulations shall be posted at the moorage facilities in order to inform users of the moorage facilities and the public. (Ord. 4098 § 3 (part), 2007)

14.36.070 Compliance required.

(a) All persons using city moorage facilities shall abide by all applicable ordinances of the city and any rules and regulations adopted by the parks director.

(b) The following violations of this chapter shall be civil infractions:

(1) Moorage without registering or without paying the established fee; continuing to moor without paying the established fee as it becomes due. The civil penalty shall be the same as the overtime parking penalty schedule set forth in Section 12.45.320 of the Kirkland Municipal Code (as it now exists or may subsequently be amended). Each calendar day on which a failure to pay the moorage fees occurs shall constitute a separate civil infraction.

(2) Moorage in a restricted or prohibited area. The civil penalty shall be sixty-six dollars. Each calendar day on which a watercraft is moored in a restricted or prohibited area shall constitute a separate civil infraction.

(3) Tying together or rafting of watercraft. The civil penalty shall be sixty-six dollars. Each of the watercraft involved shall be subject to issuance of a separate civil infraction.

(c) The parks director shall designate an employee or contractor who shall be responsible for issuing civil infractions with respect to watercraft for which moorage fees have not been paid or for which registration has not been made. The employee or contractor designated by the parks director shall receive any necessary authorization and training from the Kirkland police department with respect to issuance of civil infractions. Alternatively, the parks director may make arrangements with the Kirkland police department for police personnel to issue civil infractions under this chapter. (Ord. 4098 § 3 (part), 2007)

14.36.080 Authority to impound.

Whenever a watercraft remains moored at a city facility for more than two days without paying the applicable moorage fee, or is in violation of any other provision of this chapter or the rules and regulations promulgated by the parks director, the parks director may impound the watercraft and any property associated with the watercraft. Watercraft moored in prohibited areas and unauthorized watercraft moored in restricted areas are subject to immediate impoundment. In addition, the parks director may impound any watercraft moored at a city facility if the watercraft poses a risk to public health or safety. The parks director, in his or her discretion, shall decide whether the watercraft shall be impounded in place through use of a locking device or removed to an appropriate holding area. (Ord. 4098 § 3 (part), 2007)

14.36.090 Redemption of impounded watercraft.

An owner of an impounded watercraft may obtain release of the watercraft by paying the city all moorage fees, fines and expenses incurred by the city in the course of impounding (including storage) within sixty days of impoundment. (Ord. 4098 § 3 (part), 2007)

14.36.100 Sale of impounded watercraft.

The city shall sell at public auction after written notice to the owner, if known, any impounded property including impounded watercraft not redeemed within sixty days after the date of impounding. Notice of such sale shall be published in a newspaper of local circulation describing the items to be sold, the time, place and date of said auction and other specifics as may be required by law. Moneys received from the sale shall first be applied toward payment of city moorage fees, fines and expenses incurred by the city in the course of impounding (including storage). Any remainder shall be forwarded to the owner, if known. If the owner is not known, the remainder shall be retained by the city for a period of six months for release to the owner upon sufficient proof of ownership. After the six-month period has elapsed without release to owner, the remainder shall be deposited into the general fund of the city. (Ord. 4098 § 3 (part), 2007)

14.36.110 Boat launch ramp.

Use of the public boat launch ramp installed within the Market Street street end shall be subject to the provisions of Sections 14.36.110 through 14.36.160 of this chapter. (Ord. 4098 § 3 (part), 2007)

14.36.120 Boat launch ramp—Hours of operation.

The launch ramp shall be open for use between five a.m. and ten p.m. each day between April 1st and October 31st, inclusive. (Ord. 4098 § 3 (part), 2007)

14.36.130 Boat launch ramp—Limitation on length of boats.

Between April 1st and October 31st, use of the launch ramp shall be limited to boats twenty-four feet or less in length. (Ord. 4098 § 3 (part), 2007)

14.36.140 Boat launch ramp—Fee for use.

Between April 1st and October 31st, inclusive, of each year, the launch ramp may be used only by persons who have paid to the city an annual fee with distinct pricing for residents, nonresidents and commercial use. The fee amounts shall be established by the director of parks and community services by department regulation.

Upon payment of the annual fee, the city shall issue an access card enabling the holder thereof to open the access device installed within the launch ramp. The director of parks and community services is directed to establish, by department regulation, a one-time-use fee along with a deposit charge with strict limits being placed upon how many times an individual may use a single-use pass. At all other times during the year, the launch ramp shall be available for use at no charge. (Ord. 4098 § 3 (part), 2007)

14.36.150 Boat launch ramp—Unlimited hydroplane races.

On any day when unlimited hydroplane races are being held on Lake Washington, the launch ramp may be used after three p.m. only for the removal of boats from the water and loading onto boat trailers. (Ord. 4098 § 3 (part), 2007)

14.36.160 Boat launch ramp—Parking of boat trailers.

Persons using the launch ramp shall park their empty boat trailers only in parking places designated and signed for boat trailer parking. It is unlawful for any person to park a boat trailer in any other parking space. Boat trailers shall not be parked on the “Waverly Site” except in spaces designated and signed for boat trailer parking. (Ord. 4098 § 3 (part), 2007)

14.36.170 Commercial tour boat facility—Use requirements.

(a) The commercial tour boat facility shall only be used by boats which are transporting passengers for commercial, charitable or educational purposes. The facility shall not be used by boats which are being operated solely for personal pleasure purposes. Every boat using the facility shall, at a minimum:

(1) Be covered by one million dollars per occurrence, two million dollars aggregate marine and/or general liability insurance currently in force;

(2) Comply with applicable state and/or federal laws, such as regarding registration, licensing of crew and safety regulations;

(3) Have on file with the city a valid Kirkland department of parks and community services commercial pier user agreement;

(4) Comply with requirements for fee payment and prior reservation.

(b) In the event that these requirements are not timely fulfilled or information supplied to the city is not complete, the parks director may suspend a boat and/or its owner, captain or operator from any use of the commercial pier for a period of up to one year. During the suspension, neither the suspended boat nor any other boat carrying suspended persons shall tie up, moor or otherwise use the commercial pier. (Ord. 4098 § 3 (part), 2007)

14.36.180 Commercial tour boat facility—Hours of use.

(a) The normal hours of the commercial tour boat facility operation are from seven a.m. to midnight. The regular moorage fee shall be paid by a boat which uses the facility for any portion of a day between seven a.m. and midnight.

(b) A boat which complies with all other provisions of this chapter may be at the facility overnight, that is, between the hours of midnight and seven a.m., but only on one night in any fourteen-day period. Such a boat shall pay the overnight moorage fee for docking during any portion of the night hours. In addition, the parks director, when specially requested, may authorize more frequent overnight moorage. (Ord. 4098 § 3 (part), 2007)

14.36.190 Commercial tour boat facility—Information kiosk.

An information kiosk is to be located near the commercial tour boat facility for the purpose of public information. The kiosk should be stocked with brochures, maps and other promotional materials, regarding “what to do” and “where to go” in Kirkland and the surrounding area. The kiosk shall not, however, be utilized or used as a general purpose community bulletin board, nor shall it be used for posting or supplying notices. Advertisement of specific local commercial establishments, activities, goods, products or services may be done in accordance with the parks and community services department policies and regulations. (Ord. 4098 § 3 (part), 2007)

14.36.200 Commercial tour boat facility— Operating policies, rules and regulations.

Operating policies, rules, and regulations for the commercial tour boat facility may be revised by the department periodically. The department should consider the following factors:

(1) The efficient operation of the facility;

(2) Ensuring that the facility is not over-regulated or regulated so restrictively that it inhibits or discourages tour boat operators from using the facility;

(3) Ensuring that the facility is not under-regulated or so loosely regulated that problems arise with respect to moorage, availability of dock space, complaints from area residents and businesses regarding noise, parking problems, and other matters of public health and safety;

(4) Ensuring that operators minimize engine idle time to the extent reasonable;

(5) Ensuring that operators avoid use of generators while the vessel is at dock;

(6) Ensuring that operators of vessels do not discharge treated or untreated sewage into Lake Washington;

(7) Ensuring that operators moor vessels so that the generator exhaust port faces away from the shoreline or sensitive receiving properties whenever possible;

(8) The need to prohibit loud music or other disturbances caused by boats using the dock. (Ord. 4098 § 3 (part), 2007)

14.36.210 Commercial tour boat facility— Moorage fee.

(a) Boats using the commercial tour boat facility for any portion of a day between seven a.m. and midnight shall prepay to the city a moorage fee, calculated at the rate established by the parks director.

(b) An overnight moorage fee shall be, in addition to the day use fee, established by the parks director.

(c) The parks director shall have the authority to reduce the moorage fees for charitable or nonprofit activities, for activities cosponsored by the city or for usage on a frequent basis.

(d) Any change in rates shall not become effective until a notice setting forth such change has been posted in a prominent place at the commercial pier for a period of not less than ten days. (Ord. 4098 § 3 (part), 2007)

14.36.220 Commercial tour boat facility—Prior reservation and fee payment required.

Any person desiring to use the commercial tour boat facility shall make reservation and, in addition to the moorage fee, pay a reservation charge in an amount to be established by the parks director. Fee payments and reservations must be received by the department of parks and community services at least twenty-four hours prior to the scheduled time of arrival and tie-up at the facility or by five p.m. on the Friday preceding an arrival between seven a.m. Saturday and five p.m. Monday. (Ord. 4098 § 3 (part), 2007)

14.36.230 Commercial tour boat facility—Transportation of passengers.

When departing from the commercial tour boat facility, all passengers scheduled to embark shall be brought by the tour operator or sponsor to the facility by bus or van. Arrival of embarking passengers in private passenger vehicles, taxis or commercial limousines shall be prohibited. The conveying bus or van shall unload and load passengers, and park during the interim, only at a places specifically designated by the parks director. (Ord. 4098 § 3 (part), 2007)

14.36.240 Commercial tour boat facility—Bus connections.

When bus connections are necessary as a part of tour packages, the METRO transit center, located on 3rd Street, between Central Way and Kirkland Avenue, shall be used as the main staging area for passenger loading and unloading. The tour operator shall be responsible for making the necessary staging arrangements with METRO. (Ord. 4098 § 3 (part), 2007)

14.36.250 Commercial tour boat facility—Violations of this chapter and penalties.

(a) It shall be unlawful for any person to violate or fail to comply with any provision of Sections 14.36.170 through 14.36.240 of this chapter.

(b) Any boat or vessel moored at or tied to the commercial tour boat facility that does not meet the requirements of Section 14.36.170 constitutes a civil infraction and is subject to the civil infraction and impoundment procedures set forth in Sections 14.36.040 through 14.36.100 of this chapter.

(c) Any boat or vessel moored at or tied to the commercial tour boat facility that has not paid the applicable moorage or reservation fees pursuant to Sections 14.36.210 and 14.36.220 of this chapter constitutes a civil infraction and is subject to the civil infraction and impoundment procedures set forth in Sections 14.36.040 through 14.36.100 of this chapter. (Ord. 4098 § 3 (part), 2007)

Chapter 14.38
COMMERCIAL TOUR BOAT FACILITY

(Repealed by Ord. 4098)

Chapter 14.40
NUISANCES AND DEBRIS

Sections:

14.40.010 Floating objects.

14.40.020 Drifting debris.

14.40.025 Tandem moorage.

14.40.030 Oil spillage prohibited.

14.40.040 Nuisances.

14.40.010 Floating objects.

All vessels, watercraft, logs, piling, building material, scows, houseboats or any other article of value found adrift in Kirkland Harbor, may be taken in charge by the port warden and shall be subject to reclamation by the owner thereof, on payment by him to the city of any expenses incurred by the city, and in case of failure to reclaim, may be sold or disposed of according to law. (Ord. 800 § 11, 1960)

14.40.020 Drifting debris.

It is unlawful for the owner, agent or lessee in charge of any pier to allow the whole, or any part thereof, to fall into or remain adrift in the navigable waters or to drift away. Fender piles, broken or loose, shall be removed by the owner, agent or lessee of any pier, and upon failure so to do, the same may be removed by the port warden and the expense thereof shall be paid by and recoverable from the owner, agent or lessee of such pier to the city. (Ord. 800 § 40, 1960)

14.40.025 Tandem moorage.

The tying together or rafting of boats or other objects when moored, docked or berthed adjacent to any dock, pier or float owned by the city and available for general public moorage is prohibited. No more than three boats or other objects may be tied or rafted together when moored, docked or berthed adjacent to any other dock, pier or float subject to the provisions of this title. (Ord. 2859 § 1, 1985: Ord. 2351 § 4, 1977)

14.40.030 Oil spillage prohibited.

No owner, master, or other person in charge of any vessel or watercraft, and no engineer, or other person in charge of any engine room or machinery of any vessel or watercraft, and no owner, lessee, agent, employee, or other person in charge of or employed in or about any pier or other structure, and no person along or upon the shore of the harbor, shall spill, throw, pump or otherwise cause oil of any description to be or float upon the waters of the harbor. Any person causing oil to be upon the waters of the harbor as aforesaid shall remove the same and upon his failure to do so, the same may be removed by the port warden and the expense thereof shall be paid by and recoverable from the person causing the oil to be upon the water. The payment of such sum, or the maintenance of an action therefor, shall not be deemed to exempt such person from prosecution for causing such oil spillage. (Ord. 800 § 41, 1960)

14.40.040 Nuisances.

Sunken vessels or watercraft, refuse of all kinds, structures or pieces of any structure, dock sweepings, dead fish or parts thereof, dead animals or parts thereof, timber, logs, piles, boom sticks, lumber, boxes, empty containers and oil of any kind floating uncontrolled on the water, and all other substances or articles of a similar nature, are hereby declared to be public nuisances and it is unlawful for any person to throw or place in, or cause or permit to be thrown or placed in any of the above named articles or substances in Kirkland Harbor, or upon the shores thereof, or in such position that the same may or can be washed into the harbor, either by high tides, storms, floods or otherwise. Any person causing or permitting the nuisances to be placed as aforesaid shall remove the same and upon his failure so to do, the same may be removed by the port warden and the expense thereof shall be paid by and recoverable from the person creating the nuisance. In all cases such nuisances may be abated in the manner provided by law. The abatement of any such public nuisances shall not excuse the person responsible therefor from prosecution hereunder. (Ord. 800 § 42, 1960)

Chapter 14.44
MISCELLANEOUS

Sections:

14.44.010 Sunken vessels.

14.44.020 Aircraft on water.

14.44.030 Public health.

14.44.040 Vessels and watercraft not to be used for habitation.

14.44.010 Sunken vessels.

When any vessel or watercraft or obstruction has been sunk or grounded, or has been delayed in such manner as to stop or seriously interfere with or endanger navigation, the port warden may order the same immediately removed and if the owner, or other person in charge thereof, after being so ordered, does not proceed immediately with such removal, the port warden may take immediate possession thereof and remove the same, using such methods as in his judgment will prevent unnecessary damage to such vessel or watercraft or obstruction, and the expense incurred by the port warden in such removal shall be paid by such vessel or watercraft or obstruction or the owner or other person in charge thereof; and in case of failure to pay the same, the city may maintain an action for the recovery thereof. (Ord. 800 § 10, 1960)

14.44.020 Aircraft on water.

All vessels or watercraft shall keep clear of aircraft landing within any area now or hereafter set aside by law for such purpose. Aircraft on the water shall keep clear of all vessels and watercraft and avoid impeding their navigation. (Ord. 800 § 29, 1960)

14.44.030 Public health.

All watercraft and vessels entering or in the harbor shall comply with the applicable public health laws and regulations of the United States, the state of Washington and its political subdivisions. (Ord. 800 § 48, 1960)

14.44.040 Vessels and watercraft not to be used for habitation.

(a) No boat, vessel, watercraft or houseboat moored in or off the shoreline of Kirkland shall be used as a place of habitation.

(b) It shall be unlawful for the owner and/or operator of any public or private marina, dock or other moorage facility within the city of Kirkland to permit or allow the moorage at such facility of any boat, vessel, watercraft or houseboat in violation of subsection (a).

(c) Any violation of subsection (a) shall be a serious crime. Any violation of subsection (b) shall be a simple crime. Each day that a violation of either subsection (a) or (b) continues shall be considered a separate offense. (Ord. 2988 § 1, 1986: Ord. 2940 § 1, 1986: Ord. 2928 § 1, 1986: Ord. 2892 § 1, 1985: Ord. 2341 § 1, 1977)

Chapter 14.48
ACCIDENTS AND ENFORCEMENT

Sections:

14.48.010 Accidents.

14.48.020 Accident reports.

14.48.030 Enforcement.

14.48.040 Release from arrest on notice to appear.

14.48.060 Filing of false information and concealment of pertinent facts.

14.48.010 Accidents.

The operator of any watercraft involved in an accident resulting in injury or death to any person or in damage to property shall immediately stop such watercraft at the scene of such accident and shall give his name, address, the name and/or number of his watercraft, and the name and address of the owner, to the person struck or the operator or occupants of the vessel or watercraft collided with or property damaged, and shall render to any person injured in such an accident reasonable assistance. (Ord. 800 § 14, 1960)

14.48.020 Accident reports.

The master, owner or operator of any watercraft shall file a report within forty-eight hours with the port warden or police department of any accident involving death or personal injury requiring medical treatment or property damage in excess of twenty-five dollars in which such watercraft shall have been involved in Kirkland Harbor. (Ord. 800 § 15, 1960)

14.48.030 Enforcement.

The port warden and any of his authorized deputies or employees and authorized personnel of the governments of the United States, the state of Washington or its political subdivisions by virtue of their election or appointment, shall have authority to enter upon and inspect any vessel or watercraft in the harbor and are hereby charged with the enforcement of the provisions of this title except as the enforcement thereof is otherwise specified. It shall be the duty of the port warden to make complaints for the violation of the same, or any part hereof, in the name of the city. Provided, that this provision shall not operate to preclude the making of such complaint by any other person legally authorized so to do. (Ord. 800 § 51, 1960)

14.48.040 Release from arrest on notice to appear.

Whenever any person is arrested for any violation of this title, the arresting officer may serve upon him a citation and notice to appear in court. The arrested person, in order to secure release, and when permitted by the arresting officer, must give his written promise to appear in court, as required by the citation and notice, by signing in the appropriate place the written citation and notice served by the arresting officer. (Ord. 800 § 52, 1960)

14.48.060 Filing of false information and concealment of pertinent facts.

It is a violation of this title for any master, owner, operator or other occupants of any vessel or watercraft involved in a reportable accident under the provisions of this title or involved in any violation of this title to wilfully and knowingly file false information and/or conceal pertinent facts to the accident or violation with the persons duly authorized to investigate the accident or violation. This section shall constitute a separate violation and shall not preclude prosecution for the original violation or accident. (Ord. 800 § 57, 1960)