ORD 2006-15 VESSEL SPEED AND WAKE IN EAGLE HARBOR
ORDINANCE NO. 2006-15
(formerly Ord. 2005-27)
AN ORDINANCE of the City of Bainbridge Island,
Washington, relating to vessel speed and wake in Eagle
Harbor; amending Section 12.40.060 of the Bainbridge
Island Municipal Code.
WHEREAS, the City of Bainbridge Island believes that managing the speed and
wake of boats near shore protects the public health, safety, and welfare; and
WHEREAS, sports using human powered watercraft have become increasingly
popular in Eagle Harbor and while they generally do not exceed the uniform speed limit
codified in BIMC 12.40.060(A) they may, at times, minimally exceed this limit as a
necessary element ofthe sport; and
WHEREAS, sports using human powered watercraft may require support vessels
for coaching and safety reasons; and
WHEREAS, support vessels designed to produce minimal wakes, commonly
referred to as "wakeless support vessels," are commercially available and commonly used
as support vessels to human powered watercraft; and
WHEREAS, the Bainbridge Island Harbor Commission has held public meetings
regarding speed concerns and recommends, by a majority vote of the Commission, that
the City Council adopt revised regulations regarding vessel speed and wake in Eagle
Harbor; and
WHEREAS, on March 22, 2006 the City issued a SEP A determination of non-
significance; and
WHEREAS, on April 12, 2006 the City Council held a public hearing regarding
vessel speed and wake in Eagle Harbor, at which time members of the public had the
opportunity to present testimony and other evidence in favor or against the proposed
ordinance; and
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WHEREAS, on April 12, 2006, having considered all public comments, the City
Council unanimously voted to limit the scope of the proposed ordinance to address only
emergency response vessels, human powered watercraft, and "wakeless support vessels";
and
WHEREAS, on April 13, 2006 the City withdrew the SEP A determination of
non-significance issued on March 22, 2006; and
WHEREAS, on April 26, 2006 the City issued a new SEP A determination of non-
significance regarding the limited ordinance scope adopted by the City Council on April
12,2006; now, therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1.
follows:
Section 12.40.060 of the Bainbridge Island Municipal Code is amended as
12.40.060 Uniform speed limit - Restricted areas - Exceptions - Water skiing-
Penalties.
A. Except as permitted in subsection C of this section, it is unlawful for any person
to operate a watercraft at a speed sufficient to create a wake or in excess of five
nautical miles per hour, whichever is less, within the restricted areas identified in
subsection B of this section, or within 150 feet of any shoreline, dock, er
breakwater, or non-motorized boating class, group, or event.
B. Restricted Areas.
1. Aquatic conservancy areas pursuant to BIMC 16.12.140.1 or future
amendments thereto. Uses within aquatic conservancy areas are also regulated
by the shoreline master program (Chapter 16.12 BIMC).
2. Eagle Harbor extending west from a line that runs from the Eagle Harbor
Ferry Terminal to USCG buoy No.5 and Bill Point.
3. Port Madison Bay extending out to one-fourth mile north of the port
community dock.
4. Manzanita Bay extending south of latitude 47 degrees 40.200 minutes north.
C. Exceptions.
1. Eagle Harbor Water Ski Area. From May 1st through September 15th, a
maximum of two watercraft 13 to 22 feet in length operating within the
marked water ski course at least 200 feet from shore and docks between
Stetson (also known as "Hornbeck") Spit and the aquatic conservancy area at
the extreme west end of Eagle Harbor may exceed the uniform speed limit
identified in subsection A of this section, provided such operation:
(a) Is conducted only between 7:00 a.m. and 8:00 p.m. (but not before sunrise
or after sunset)~
(b) Is conducted only while towing a person on water skis or other similar
device.
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2. Emergencies. Police, Fire, Coast Guard, or other official vessels responding
to an emergency may exceed the uniform speed limit identified in subsection
A of this section.
3. Human Powered Watercraft. Watercraft propelled by only human power may
exceed the uniform speed limit identified in subsection A of this section;
provided they are not operated in a negligent or reckless manner.
4. Wakeless Support Vessels. Except in aquatic conservancy areas restricted
under subsection B(1) of this section, wakeless motorized vessels in direct
support of human powered watercraft may exceed the uniform speed limit
identified in subsection A of this section; provided:
(a) Wakeless motorized vessels providing support must be clearly marked as a
sUPlJort and/or rescue vessel and include the name or seal of the
organization providing support;
(b ) Wakeless motorized vessels, when exceeding the speed limit. must do so
only within obvious proximity to or in pursuit of human powered vessel(s)
being supported; and
(c) In no event shall a wakeless motorized vessel be operated in a negligent or
reckless manner.
D. Water Skiing. Any watercraft towing a person on water skis or other similar
device shall carry at least two occupants, one driver and one observer; use an
orange warning flag any time a person is in the water; avoid speeding \vithin
restricted areas, except as authorized in subsection C comply with speed limits in
accordance with subsection A of this section; maintain the operational distance of
150 feet as specified in subsection A of this section, except when beginning or
ending a water skiing run, and abide by all other local, state and federal
regulations pertaining to watercraft.
E. Penalties. Violation of this section shall be a civil infraction punishable by a fine
of up to $250.00 for each violation.
Section 2. Severability. If any section, sentence, clause or phrase of this ordinance
shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any
other section, sentence, clause or phrase of this ordinance.
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Section 3. 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 14th day of June, 2006.
APPROVED by the Mayor this 15th day of June, 2006.
2~ ~
Darlene Kordonowy, Mayor
ATTEST/AUTHENTICATE:
L{p~.
.susan P. Kasper, City Clerk
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NUMBER:
April 4, 2006
June 14,2006
June 21, 2006
June 26, 2006
2006-15
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