ORD 94-12 REGULATION OF VESSELS & FLOATING HOMESORDINANCE NO. 94- 12
AN ORDINANCE of the City of Bainbridge Island, Washington,
regarding the regulation of vessels and floating homes, and adding
a new chapter to title 12 of the Bainbridge Island Municipal Code.
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON
DO ORDAIN as follows:
Section 1. A new chapter is added to title 12 of the Bainbridge Island Municipal Code
as follows:
12._.010 Jurisdiction and Authorization. The city, in the exercise of its
police power, assumes power and jurisdiction over all waters within its limits, as
authorized by statute, including but not limited to RCW 35A.21.090 and
35.21.160. Pursuant to RCW 35.21.160, the power and jurisdiction of the city
is extended into and over the waters of Puget Sound to the middle of the Puget
Sound and into and over any bays adjacent to or fronting the city, in every
manner and for every purpose that such power and jurisdiction could be exercised
if the waters were within the city limits. For the purpose of this chapter, "waters
of the city" means the waters over which the city assumes power and jurisdiction.
12._.020 State Statutes Adopted. The following state statutes are adopted by
reference:
A. RCW 7.84.010 (decriminalization) and 7.84.020 (infraction
defined);
B. RCW Chapter 88.02 (watercraft registration);
C. RCW Chapter 88.12 (regulation of motorboats) except the last
sentence of RCW 88.12.055, . which is amended to read as follows:
In the exercise of this responsibility, all such
officers, having reasonable and articulable suspicion
of criminal activity or a violation of this chapter,
may stop and board any vessel and direct it to a
suitable pier or anchorage if necessary, to
investigate the suspected criminal activity or
violation or to conduct reasonable safety inspections
otherwise authorized by law; and
D. RCW 88.28.050 (obstructing navigation).
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12._.030 Federal Statutes and Regulations Adopted. The following acts of
congress and implementing regulations are adopted by reference:
A. 33 Code of Federal Regulations, Appendix A to Part 81-72
COLREGS and 33 Code of Federal Regulations, Part 82-72 (rules of the road);
B. 33 Code of Federal Regulations, 175.105, 175.110, 175.113,
175.120, 175.1289 175.130 and 175.140 (visual distress signals); and
C. 46 Code of Federal Regulations, 25.30 (fire extinguishing
equipment).
12._.040 Canadian Vessels. When used on the waters of the city for a period
of less than 60 days in any one calendar year, all Canadian vessels which comply
with the boating safety laws of the government of Canada shall be exempted from
sections 12._.020(B) and 12._.030.
12._.050 Littering. It shall be unlawful for any person to dump, throw,
discharge, pump, or otherwise deposit junk, oil, trash, garbage, refuse, ballast
or other waste of any kind on or into the waters of the city. This section shall
also be applicable to persons owning, using or occupying floating homes. For
purpose of this section, "floating home" means a building on a float used in
whole or in part for human habitation as a dwelling, which is moored, anchored
or otherwise secured in the waters of the city.
12._.060 Speed Limit. Vessels traveling in Eagle Harbor between Buoy No. 5
and Hornbeck (aka Stetson) Spit shall not exceed a speed of five knots.
12._.070 Penalties. Unless otherwise provided in statutes, regulations,
ordinances or this code, any person violating or failing to comply with any of the
provisions of this chapter shall be guilty of a civil infraction and subject to a civil
fine not to exceed $150.00 per infraction.
Section 2. This ordinance shall take effect and be in force five days from and after its
passage, approval and publication as required by law.
PASSED by the City Council this 7th day of April , 1994.
APPROVED by the Mayor this 7th day of Agri 1 , 1994.
Janet K. West, Mayor
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ATTEST/AUTHENTICATE:
A-�r«
Susan Kasper, City Clerk
APPROVED AS TO FORM:
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK: April 1, 1994
PASSED BY THE CITY COUNCIL: April 7, 1994
PUBLISHED: April 13, 1994
EFFECTIVE DATE: April 18, 1994
ORDINANCE NO.: 94-12
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