AN ORDINANCE relating to the Harbor Code; amending, adding, recodifying and repealing various sections of the Harbor Code, Seattle Municipal Code Title 16; and providing penalties for violation thereof.

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Section 16.04.020 of the Seattle Municipal Code is amended as follows:

16.04.020 Anchorage.

"Anchorage" means a designated position where vesselsor watercraft may anchor or moor.

Section 2. Section 16.04.040 of the Seattle Municipal Code is amended as follows:

16.04.040 Authorized emergency vessel.

"Authorized emergency vessel" means any authorized vesselor 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.

Section 3. There is added to the Seattle Municipal Code Chapter 16.04 a new Section 16.04.045 as follows:

16.04.045 Chief of Police.

"Chief of Police" means the Chief of Police of The City of Seattle and his or her designee.

Section 4. Section 16.04.060 of the Seattle Municipal Code is amended as follows:

16.04.060 Diver's flag.

"Diver's flag" means a red flag five (5) units of measurement on the hoist by six (6) units of measurement on the fly with a white stripe of one (1) unit crossing the red diagonally. The flag to shall have a stiffener to make it stand out from the pole or mast. 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. Use of the blue and white "Alpha" flag does not satisfy the requirement for a "diver's flag" as described in this title.

Section 5. There is added to the Seattle Municipal Code Chapter 16.04 a new Section 16.04.065 as follows:

16.04.065 Distress Signal.

"Distress Signal" means any signaling device approved by the United States Coast Guard for use on recreational vessels.

Section 6. Section 16.04.070 of the Seattle Municipal Code is amended as follows:

16.04.070 Fairway.

"Fairway" means all navigable waters within the corporate limits or within the jurisdiction and control of the City, except waters over privately owned or privately controlled property, and includes but is not limited to the navigable portions of the following described waters and all submerged street area and waterways therein:

All of Elliott Bay, lying easterly of a straight line drawn from Alki Point to West Point;

All of the East and West Waterways;

All of the Duwamish River;

All of the Duwamish Waterway Project;

All of Salmon Bay;

All of Portage Bay;

All of Union Bay;

All of the Lake Washington Ship Canal, including the portion which shall be under the supervision and control of the United States Government;

All of Lake Union;

All of Lake Washington lying or being within the corporate limits of the City or within the jurisdiction and control of the City;

All that portion of Shilshole Bay, lying easterly and southerly of a line from West Point to the intersection of the northerly boundary of the City with the outer harbor line;

All that portion of Puget Sound, lying easterly and northerly of a line from Alki Point to the intersection of the southerly boundary of the City with the outer harbor line.

Section 7. There is added to the Seattle Municipal Code Chapter 16.04 a new Section 16.04.075 as follows:

16.06.075 Harbor.

"Harbor" or "Seattle harbor" means the waters within the jurisdiction of the City as described in RCW 35.21.160, as the same may be amended from time to time.

Section 8. Section 16.04.080 of the Seattle Municipal Code is amended as follows:

16.04.080 Master.

"Master" means the captain, skipper, pilot or any other person having charge of any vessel or watercraft.

Section 9. Section 16.04.090 of the Seattle Municipal Code is amended as follows:

16.04.090 Obstruction.

"Obstruction" means any vessel or watercraftor any matter or debris which may in any way blockade, interfere with or endanger any vessel or watercraftor 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) International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS).

Section 10. There is added to the Seattle Municipal Code Chapter 16.04 a new Section 16.04.105 as follows:

16.04.105 Operator.

"Operator" means any individual who steers, directs, or otherwise has physical control of a vessel or water sport craft that is underway or exercises actual authority to control the person at the helm.

Section 11. Section 16.04.110 of the Seattle Municipal Code is amended as follows:

16.04.110 Owner.

"Owner" means the person who had has lawful possession of a vessel or water sport craft or obstruction by virtue of legal title or equitable interest therein which entitles him to such possession.

Section 12. There is added to the Seattle Municipal Code Chapter 16.04 a new Section 16.04.123 as follows:

16.04.123 Personal flotation device (PFD).

"Personal flotation device" means a wearable Type I off-shore life jacket, Type II wearable near shore buoyant vest, Type III wearable flotation aid, Type IV throwable ring buoy or buoyant cushion, or Type V special use device or hybrid inflatable device, that is approved by the United States Coast Guard Commandant under Chapter 46, Code of Federal Regulations, Part 160.

Section 13. Section 16.04.130 of the Seattle Municipal Code is amended as follows:

16.04.130 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.

Section 14. Section 16.04.160 of the Seattle Municipal Code is amended as follows:

16.04.160 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, skindiving, ferry landings, and aquatic events, the method of marking and designation of which shall have been made by the Port Warden Chief of Police in accordance with the provisions of this title.

Section 15. Section 16.04.180 of the Seattle Municipal Code is amended as follows:

16.04.180 Testing course.

"Testing course" means a course or area on waters subject to the jurisdiction of the City, designated in accordance with this title or pursuant to other applicable laws and regulations, for use in industrial development and testing of experimental and production watercraft andvessels.

Section 16. Section 16.04.190 of the Seattle Municipal Code is amended as follows:

16.04.190 Towboat.

"Towboat" means any vesselor watercraft engaged in towing or pushing another vessel or watercraftor anything other than a vesselor watercraft.

Section 17. Section 16.04.200 of the Seattle Municipal Code is amended as follows:

16.04.200 Vessel.

"Vessel" means any description of watercraft on the water, other than a seaplane, used or capable of being used as a means of transportation on the water. However, it does not include inner tubes, air mattresses, and small rafts or flotation devices or toys customarily used by swimmers. RCW 79A.60.010(23)) contrivance one hundred ten feet (110') or more in length overall, used or capable of being used as a means of transportation on water.

Section 18. Section 16.04.210 of the Seattle Municipal Code is amended as follows:

16.04.210 Water sport craft.

"Water sport craft" means anycontrivance less than one hundred ten feet (110') in length overall, used or capable of being used as a means of transportation on water. Cribs or piles, shinglebolts, booms of logs, rafts of logs and rafts of lumber shall not be included within the terms "watercraft" or "vessel," but shall be included within the term "obstruction" when they shall be floating loose and not under control or when under control and obstructing any navigable channel device or contrivance used on the water including inner tubes, air mattresses and small rafts and floatation devices or toys customarily used by swimmers.

Section 19. There is added to the Seattle Municipal Code Chapter 16.08 a new Section 16.08.011 as follows:

16.08.011 Citation.

The ordinances codified in this title constitute the "Harbor Code" of the City and may be cited as such. Wherever a reference is made herein to "this Code" it shall be construed to mean "this title."

Section 20. There is added to the Seattle Municipal Code Chapter 16.08 a new Section 16.08.012 as follows:

16.08.012 Purpose and policy.

This title is enacted as an exercise of the police power of the City to protect and preserve the public peace, health, safety and welfare, and its provisions shall be liberally construed for the accomplishment of these purposes. It is expressly the purpose of this title to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this title. It is the specific intent of this title to place the obligation of complying with its requirements upon the owner or operator of vessels, water sport crafts or obstructions or upon swimmers within its scope, and no provision of nor term used in this title is intended to impose any duty whatsoever upon the City or any of its officers or employees, for whom the implementation or enforcement of this title shall be discretionary and not mandatory. Nothing contained in this title is intended to be nor shall be construed to create or form the basis for any liability on the part of the City, or its officers, employees or agents for any injury or damage resulting from the failure of the owner or operator of a vessel, water sport craft or obstruction or of a swimmer to comply with the provisions of this title, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this title on the part of the City by its officers, employees or agents.

Section 21. There is added to the Seattle Municipal Code Chapter 16.08 a new Section 16.08.013 as follows:

16.08.013 Number, gender and tense.

Whenever consistent with the context of this title, words in the present, past or future tenses shall be construed to be interchangeable with each other, words in the singular number shall be construed to include the plural, words in the plural shall be construed to include the singular, and words in any gender shall apply to the feminine, masculine and neuter genders.

Section 22. There is added to the Seattle Municipal Code Chapter 16.08 a new Section 16.08.014 as follows:

16.08.014 Existing permits to remain in force.

Except as otherwise provided in this title, all permits lawfully issued under the provisions of any ordinance or section repealed by the ordinances codified in this title shall remain in force and effect until expiration according to the terms thereof, unless sooner surrendered or revoked; subject, however, to all other provisions of this title.

Section 23. There is added to the Seattle Municipal Code Chapter 16.08 a new Section 16.08.015 as follows:

16.08.015 Owner to act in person Agents.

Every act or statement required to be made by the owner or operator of any vessel, water sport craft, obstruction, pier, wharf or float shall be made or done by the owner or operator in person unless such owner is a company or corporation or incapable of acting in person and if the same is made or done by the agent, the necessity thereof shall be stated and shown.

Section 24. Section 16.08.020 of the Seattle Municipal Code is amended as follows:

16.08.020 Application and justification.

The provisions of this title shall be applicable to all vessels and water sport craft operating in the harbor of this 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.

Section 25. Section 16.08.030 of the Seattle Municipal Code is amended as follows:

16.08.030 Liability for damages.

Nothing in this title shall be construed so as to release any person owning or controlling any vessel, water sport craft, 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.

Section 26. Section 16.08.040 of the Seattle Municipal Code is amended as follows:

16.08.040 Public employees to comply.

The provisions of this title shall apply to the operator of any vessel or water sport craft owned by or used in the service of the United States Government, or of this state or of any political subdivision or municipal corporation thereof.

Section 27. Section 16.08.050 of the Seattle Municipal Code is amended as follows:

16.08.050 Waterway Operations and Maintenance Account.

A. A restricted account designated the "Waterway Operations and Maintenance Account" is established in the Transportation Fund to which restricted account shall be deposited all fees collected from waterway use and occupation permits issued under this chapter; reimbursements of expenses incurred by the Port Warden Chief of Police in removal, towing, impoundment of vessels, water sport craft or obstructions in waterways and receipts from sale of such vessels, water sport craft or obstructions; its proportionate share of interest earnings of invested Transportation Fund balances; and any other moneys accruing from activities under this title in waterways or appropriated or budgeted to such fund. If the Waterway Operation and Maintenance Account has a credit balance greater than that of the Transportation Fund, the Director of Finance shall credit interest to the Account at the rate of the City's investment earnings for funds of its size.

B. The Waterway Operations and Maintenance Account shall be charged with the cost of administration, inspection and policing involved in the issuance and continuance of such permits; activities of the City in maintaining waterways as public ways for vessels watercraft or obstructions and for commerce and navigation; and for maintaining a reserve to clear waterways of vessels that may sink therein and for emergency activities related to waterways and navigation. Vouchers for expenditures shall be approved by the Director of Transportation or his or her designee, or by the Chief of Police or his or her designee.

Section 28. Section 16.12.010 of the Seattle Municipal Code is amended as follows:

16.12.010 DutiesAuthority.

The authority of the Chief of Policeduties of the Port Warden shall be include:

A. To enforce the ordinances and regulations of the City upon theall waters within its limits of the harbor and adjacent thereto when the harbor is affected;

B. To 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;

C. To investigate and report upon marine and maritime accidents in the harbor;

D. To perform all necessary functions in connection with search and rescue in the harbor;

E. To cooperate with the authorities of the United States, the state and its political subdivisions in the enforcement of the laws and regulations of the United States, the state and its political subdivisions;

F. To designate, indicate the location of, and to patrol anchorage locations for vessels or water sport craft or vessels within areas set forth by the ordinances of the City, and to designate, indicate the location of and to patrol take-off and landing areas for aircraft on the water within areas permitted by the ordinances of the City;

G. To establish, maintain and regulate the use of moorage navigation and regulation buoys in the harbor for the convenience regulation of vessels and watercraft,water sport craftand vessels;

H. To designate restricted areas and testing courses;

I. To promulgate rules and regulations governing the use of the navigable portions of waterways; to issue permits for movement of unseaworthy craft and anchoring or moorage of vessels or water sport craft or obstructions in anchorage areas; to issue permits for skindiving or scuba diving; and to charge for all such permits the fee established by ordinance;

J. To remove, impound or sell any vessel, water sport craft or obstruction anchored or moored in violation of this title deemed a public nuisance or a hazard to navigation or operated or afloat under conditions deemed unsafe for water transportation.

K. To issue or approve permits for marine events, races and regattas and to collect fees for all such permits as authorized by ordinance of the City.

Section 29. Section 16.12.020 of the Seattle Municipal Code is amended as follows:

16.12.020 Accounting.

The Port WardenChief of Police shall keep 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 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.

Section 30. Section 16.12.030 of the Seattle Municipal Code is amended as follows:

16.12.030 Authority supplemental to Superintendent of Parks and Recreation when.

The granting of authority to the Port WardenChief of Police to enforce the Harbor Code in any fairway within property under the jurisdiction of the Department of Parks and Recreation shall be supplemental to the authority of the Superintendent of Parks and Recreation and shall not diminish any authority granted to the Superintendent by the City Charter or by ordinance.

Section 31. Sections 16.16.010, 16.16.020 and 16.16.030 of the Seattle Municipal Code are repealed.

Section 32. Section 16.20.010 of the Seattle Municipal Code is amended as follows:

16.20.010 Compliance with public health regulations.

All watercraft andvessels entering or in the harbor shall comply with the applicable public health laws and regulations of the United States, the state and its political subdivisions.

Section 33. Section 16.20.020 of the Seattle Municipal Code is amended as follows:

16.20.020 Rules of the road.

Except as otherwise specified in this title, vessels or water sport craft 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 act of Congress, as such rules are now or may hereafter from time to time be adopted " International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS) and right of way laws and rules of the State of Washington, as each of them now exists or may hereafter be amended. , and be it further provided that sailing vessels or other watercraft, while engaged in a sanctioned or authorized race, predicted log race, regatta, or similar event shall be subject to the applicable rules for such event including, but not limited to differing right-of-way rules."

Section 34. Section 16.20.030 of the Seattle Municipal Code is amended as follows:

16.20.030 Equipment and numbering.

All watercraft orvessels shall carry the equipment required by any applicable United States and State of Washington laws as now or hereafter amended, and shall be numbered or designated in accordance with any applicable United States and State of Washington laws as now or hereafter amended.

Section 35. There is added to the Seattle Municipal Code Chapter 16.20 a new Section 16.20.031 as follows:

16.20.031 Prohibited use of distress signal.

No person shall display or sound a distress signal, either visual or audible, on the waters of the harbor except in a situation when assistance is needed because of immediate or potential danger to any person aboard a vessel. The Chief of Police may issue a written permit for a person to display or sound a distress signal for legitimate training purposes.

Section 36. Section 16.20.040 of the Seattle Municipal Code is amended as follows:

16.20.040 Mufflers.

It shall be unlawful to use or operate any engine in or on Seattle Harbor that is not in compliance with the Seattle Municipal Code Section 25.08.485 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.

Section 37. Section 16.20.050 of the Seattle Municipal Code is repealed.

Section 38. Section 16.20.060 of the Seattle Municipal Code is amended as follows:

16.20.060 City buoys.

The Port WardenChief of Police shall be the sole judge of any and all use made of any City buoy and his decision as to the same shall be final and conclusive.

Section 39. Section 16.20.070 of the Seattle Municipal Code is amended as follows:

16.20.070 Interference with navigation.

No person shall use or operate any vessel or water sport craft or vesselor aircraft on the water in a manner which shall unreasonably or unnecessarily interfere with other vessels, water sport craft, vessels or aircraft on the water or with the free and proper navigation of the fairways of the City or the launching of any vessel or water sport craft watercraft at any public boat launching ramp. Anchoring or mooring under a bridge or in a heavily traveled channel or in an approach to a public boat launching ramp shall constitute such interference if unreasonable under the prevailing circumstances.

Section 40. There is added to the Seattle Municipal Code Chapter 16.20 a new Section 16.20.071 as follows:

16.20.071 Launch ramp limit.

No vessel or water sport craft shall remain at a City owned launch ramp longer than fifteen (15) minutes unless authorized by the Seattle Department of Parks and Recreation or by permit of the Chief of Police.

Section 41. There is added to the Seattle Municipal Code Chapter 16.20 a new Section 16.20.072 as follows:

16.20.072 Vessels in confined areas.

While in the Montlake Cut, Fremont Cut, or within the guidewalls of any bridge area, vessels shall remain to the right side of the channel unless prevailing circumstances require otherwise.

Section 42. Section 16.20.080 of the Seattle Municipal Code is amended as follows:

16.20.080 Aircraft on the water.

All vessels or water sport craft 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 water sport craft and avoid impeding their navigation.

Section 43. There is added to the Seattle Municipal Code Chapter 16.20 a new Section 16.20.081 as follows:

16.20.081 Aircraft take-off and landing restricted.

Aircraft are prohibited from landing and/or taking off from the Lake Washington Ship Canal excluding Lake Union and Lake Union Reach. Aircraft are prohibited from taking off from Portage Bay.

Section 44. Section 16.20.090 of the Seattle Municipal Code is amended as follows:

16.20.090 Negligent operation.

A person shall not operate a vessel or aircraft on the water in a negligent manner. For the purposes of this section, to "operate in a negligent manner" means operating a vessel or aircraft on the water in disregard of careful and prudent operation, or in disregard of careful and prudent rates of speed that are no greater than is reasonable and proper under the conditions existing at the point of operation, taking into account the amount and character of traffic, size of the lake or body of water, freedom from obstruction to view ahead, effects of vessel wake, and so as not to unduly or unreasonably endanger life, limb, property or other rights of any person entitled to the use of such waters.Any person who shall operate any watercraft, vessel or aircraft on the water 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 or vessel to a stop within the assured clear distance ahead, shall be guilty of negligent operation and a violation of this title.

Section 45. Section 16.20.100 of the Seattle Municipal Code is amended as follows:

16.20.100 Reckless operation.

It shall be unlawful for any person to operate a vessel or an aircraft on the water in a reckless manner. For purposes of this section, "reckless" means acting carelessly and heedlessly in a willful and wanton disregard of the rights, safety, or property of another. Any person who shall operate any watercraft, vessel or aircraft on the water in a reckless manner so as to endanger the life or limb, or damage the property of any person, shall be guilty of the crime of reckless operation and a violation of this title.

Section 46. There is added to the Seattle Municipal Code Chapter 16.20 a new Section 16.20.115 as follows:

16.20.115 Failure to stop for law enforcement officer.

Any operator of a vessel who willfully fails to stop when requested or signaled to do so by a person reasonably identifiable as a law enforcement officer is guilty of a gross misdemeanor. (RCW 79A.60.080).

Section 47. Section 16.20.120 of the Seattle Municipal Code is amended as follows:

16.20.120 Incapacity of operator.

It shall be unlawful for the owner of any vessel, or water sport craft 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 water sport craft under the prevailing circumstances.

Section 48. Section 16.20.130 of the Seattle Municipal Code is amended as follows:

16.20.130 Speed regulations-vessels and water sport craftand vessels.

Within the harbor limits of the City it shall be unlawful for any person to operate any vessel or water sport craftor vessel at a speed in excess of the following maximum limits:

A. Seven (7) nautical miles per hour within one hundred (100) yards of any shoreline, pier, restricted area or shore installation in Lake Washington, or upon the Lake Washington Ship Canal and adjacent waters east of the entrance buoy at Shilshole Bay to one hundred (100) yards east of Webster Point light entering Lake Washington easterly of Webster Point light )) and within two hundred (200) yards of any shoreline, pier, restricted area or shore installation in all other waters of the City;

B. Seven (7) nautical miles per hour in Lake Union provided that during daylight hours, the seven (7) knot speed limit shall not apply in a speed test area one hundred (100) yards wide and four hundred (400) yards long marked by buoys and bounded by the following coordinates:

Beginning at a point (existing northeast corner buoy) Latitude 47 degrees 38' 26.829" North; Longitude 122 degrees 19' 53.430" West; thence on an azimuth (astronomic north is 0 degrees) of 180 degrees a distance of 100 yards; thence on an azimuth of 270 degrees a distance of 400 yards; thence on an azimuth of 0 degrees a distance of 100 yards; thence on an azimuth of 90 degrees a distance of 400 yards to the point of beginning.

except that Use of the speed test area shall be subject to the following limits:

1. iIn no event shall any vessel or water sport craft or vessel(s) operate at a speed in excess of seven (7) knots in said area immediately prior to making a U-turn;

2. No vessel or water sport craft shall enter the speed test area and exceed the seven (7) knot limit if any other vessel or water sport craft is presently using the speed test area at a speed in excess of seven (7) knots;

3. No vessel or water sport craft shall make more than four runs in or across the speed test area during a two hour period;

4. The speed test area is intended for brief and limited use and shall be used only for vessel testing by individuals maintaining or selling vessels.

C. Four (4) nautical miles per hour from the western end of the west guide pier of the Hiram M. Chittenden Locks of the Lake Washington Ship Canal to the eastern end of the east guide pier at said Locks; or

D. Three (3) nautical miles per hour south of the outermost headlands of Andrews Bay (a line drawn due west from the north tangent of Bailey Peninsula); or

E. Three (3) nautical miles per hour within one hundred (100) yards of the shoreline of Lake Washington in an area marked by buoys and bounded on the north by a line which is an extension of the centerline of South Henderson Street and bounded on the south by a line which is an extension of the centerline of South Carver Street.;

F. Three nautical miles per hour inside of the breakwater at Shilshole Bay Marina, Elliott Bay Marina or within the confines of any established marina or boat moorage area.

G. Three nautical miles per hour south of the outermost headlands of Wetmore Cove (a line drawn west from the North tangent of Sayres Park).

Vessels operated by only human power are exempt from this section provided they are not operated in a negligent or reckless manner. If a location shall be within an area described by two (2) subsections of this section, the lowest maximum speed shall control.

Section 49. Section 16.20.131 of the Seattle Municipal Code is amended as follows:

16.20.131 Speed regulations-Aircraft on the water.

A. Speed Regulations. Except for aircraft in the process of taking off or landing, it shall be unlawful for any person to operate any aircraft on the water or step-taxiing over the water in excess of seven (7) nautical miles per hour within the jurisdiction of the City as follows:

A. In Lake Union and Portage Bay except for an area one hundred (100) yards wide and four hundred (400) yards long marked by buoys and bounded by the following coordinates: Beginning at a point (existing northeast corner buoy) Latitude 47 degrees 38' 26.829" North; Longitude 122 degrees 19'53.430" West; thence on an azimuth (astronomic north is 0 degrees) of 180 degrees a distance of 100 yards; thence on an azimuth of 270 degrees a distance of 400 yards; thence on an azimuth of 0 degrees a distance of 100 yards; thence on an azimuth of 90 degrees a distance of 400 yards to the point of beginning;

B. 1. Within one hundred (100) yards of any shoreline, pier, restricted area or shore installation in Lake Washington easterly of Webster Point;

C.2. Within two hundred (200) yards of any shoreline, pier, restricted area or shore installation in all other waters of the City; and

D.3. Within a designated anchorage or restricted area;

Provided, such speed limits shall not apply to aircraft during emergency conditions or on rescue operations where time is of the essence.

B. Take Off Prohibited in Portage Bay. It shall be unlawful for any person operating an aircraft to take off from Portage Bay.

Section 50. Section 16.20.132 of the Seattle Municipal Code is amended as follows:

16.20.132 Speed regulations-Liability not affected.

Nothing in Sections 16.20.130 or 16.20.082 shall be construed as exempting any person from liability caused by wake action from operation of any vessel, water sport craft, vessel or aircraft in the areas designated therein nor shall Sections 16.20.130 or 16.20.131 be construed as exempting any person from liability for negligent or reckless operation of any vessel, water sport craft, vessel or aircraft.

Section 51. Section 16.20.140 of the Seattle Municipal Code is amended as follows:

16.20.140 Overloading.

A. No vessel 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.

B. No person shall operate a vessel while a passenger is situated on the bow or gunwale of the vessel in a manner which unduly or unreasonably endangers life or limb, taking into account the prevailing conditions including, but not limited to, the size and character of the vessel, and weather and water conditions.

C. Whenever it appears reasonably certain to any police or harbor officer that any person is operating a watercraft or vessel loaded beyond its safe capacity and in the judgment of that officer the operation creates a hazardous condition, the officer may take reasonable measures to prevent any such person from so operating the vessel,craft either by taking from him the keys of such craft and locking the same, or by other appropriate means. In any such case, the officer shall immediately report the facts to his Commanding Officer of the Harbor Department, and shall, as soon as possible, deposit the keys or other articles, if any, taken from the watercraft or vessel or person with the Commanding Officer. Such keys or other articles may be returned to any person upon his demand and proper identification of himself when it appears that he is the owner of the watercraft and the conditions under which the officer took preventive measures no longer exist. The officer may direct the operator to take immediate and reasonable steps necessary for the safety of the individuals on board the vessel, including directing the operator to return to shore or a mooring and to remain there until the situation creating the hazard is corrected or ended or the officer may impound the vessel. Willful failure to follow the direction of an officer under this section is a misdemeanor.

Section 52. Section 16.20.150 of the Seattle Municipal Code is amended as follows:

16.20.150 Excessive power.

A. A person shall not operate or permit to be operated a vessel equipped with a motor or other propulsion machinery of a power beyond the vessel's ability to operate safely, taking into consideration the vessel's type, use, and construction, the weather conditions, and other existing operating conditions. No watercraft shall be equipped with any motor or other propulsion machinery beyond its safe power capacity, taking into consideration the type and construction of such watercraft and other existing operating conditions.

B. Whenever it appears reasonably certain to any police officer that any person is operating a watercraft or vessel with a motor or propulsion machinery which is beyond safe power capacity, and in the judgment of that officer the operation creates a hazardous condition, the officer may take reasonable measures to prevent any such person from so operating the vessel craft, either by taking from him the keys of such craft and locking the same, or by other appropriate means. In any such case, the officer shall immediately report the facts to his Commanding Officer in the Police Department, and shall, as soon as possible, deposit the keys or other articles, if any, taken from the watercraft or vessel or person with the Commanding Officer. Such keys or other articles may be returned to any person upon his demand and proper identification of himself when it appears that he is the owner of the watercraft and the conditions under which the officer took preventive measures no longer exist. The officer may direct the operator to take immediate and reasonable steps necessary for the safety of the individuals on board the vessel, including directing the operator to return to shore or a mooring and to remain there until the situation creating the hazard is corrected or ended or the officer may impound the vessel. Willful failure to follow the direction of an officer under this Section is a misdemeanor.

Section 53. Section 16.20.160 of the Seattle Municipal Code is amended as follows:

16.20.160 Racing.

Nothing in the provisions of this title shall be construed to mean that the operator of a vessel or water sport craft competing in a race or regatta, or trials therefor, which has been authorized by an appropriate governmental agency or authority, or an operator engaged in industrial development and testing of experimental and production vessels and water sport craft and vessels, shall be prohibited from attempting to attain high speeds on duly designated and indicated racing or testing courses, nor while so engaged, shall such vessels or water sport craft or vessels be required to comply with Sections 16.20.030 , 16.20.040 , 16.20.130 and 16.20.170

Section 54. Section 16.20.170 of the Seattle Municipal Code is amended as follows:

16.20.170 Whistles and lights.

It shall be unlawful for the master, owner or any other person in charge of any watercraft or vessel, while lying at any pier or while navigating in Seattle 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 pilothouse of any vesselor watercraft under way or onto streets open to vehicular traffic for any purpose other than those authorized by law.

Section 55. Section 16.20.180 of the Seattle Municipal Code is amended as follows:

16.20.180 Propellers.

No master, owner or other person in charge of any vesselor 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 other vessel, watercraft, or structure.

Section 56. Section 16.20.190 of the Seattle Municipal Code is amended as follows:

16.20.190 Explosives.

Every vesselor watercraft approaching or passing any vesselor watercraft engaged in the transfer of explosives and from which is displayed the red powder flag shall slow down to a no wake speedof not exceeding six (6) nautical miles an hour before coming abreast of such vesselor watercraft and in time to prevent accident by reason of swells.

Section 57. Sections 16.20.230 and 16.20.240 of the Seattle Municipal Code are repealed.

Section 58. Section 16.24.010 of the Seattle Municipal Code is amended as follows:

16.24.010 Information and assistance.

The operator of any vesselwatercraft involved in an accident resulting in injury or death to any person orin damage to property who knows or should know of the accident shall immediately stop such vesselwatercraft at the scene of such accident and shall give his name, address, the name and/or number of his vesselwatercraft, and the name and address of the owner, to the person struck or the operator or occupants of the vesselor watercraft collided with or property damaged, and shall render to any person injured in such an accident reasonable assistance.

Section 59. Section 16.24.020 of the Seattle Municipal Code is amended as follows:

16.24.020 Filing of report.

The master, owner or operator of any vesselwatercraft shall file a report within forty-eight (48) hours with the Port WardenChief of Police of any accident involving death or personal injury requiring medical treatment beyond first aid in which such vessel shall have been involved in Seattle Harbor. or The master or owner of any vessel shall file a report within ten (10) days of any accident if damage to the vessel and other property totals more than property damage in excess of TwoFive Hundred Dollars ($2500.00) or there is a complete loss of the vessel in which such watercraft shall have been involved in Seattle Harbor.

Section 60. Section 16.28.010 of the Seattle Municipal Code is amended as follows:

16.28.010 Swimming.

Swimming in the harbor shall be confined toprohibited except:

A. Restricted In designated swimming areas; or

B. To wWithin a distance of fifty feet (50') from the shore or a pier unless the swimmer is accompanied by a watercraftvessel and within twenty five feet of a vessel that has aboard a personal flotation device for each occupant of said vessel and for each accompanied swimmer. No swimming shall be permitted in the United States Government locks, Montlake Cut, Fremont Cut, under any bridge, within the confines of any guidewall or within Three Hundred (300) feet of a ferry slip or boat launch ramp.

Section 61. Section 16.28.020 of the Seattle Municipal Code is amended as follows:

16.28.020 Skin diving or scuba diving permit-Areas required.

A. It shall be unlawful to engage in skin diving or scuba diving in the following areas of the harbor without a written permit issued by the Port WardenChief of Police therefor:

1. To the east of a line from the northwest corner of Harbor Island to the westernmost corner of the U.S. Naval property located in Smith Cove, in the waters of the Lake Washington Ship Canal from the midchannel buoy in Shilshole Bay to Webster Point light, including the waters of Lake Union and Portage Bay, all of the inner moorage area of the Port of Seattle moorings at Shilshole Bay Marina, Elliott Bay Marina or any established marina moorage area other than within the confines of the individual slip while working on a specific vessel and within three hundred feet (300') of the perimeter of the United States National Oceanic and Atmospheric Administration facility at Sand Point; or

2. Within three hundred feet (300') of any ferry slip, public boat ramp, patrolled public beach designated as a swimming area.

3. Within one hundred and fifty (150) feet of any pier, dock, float or other shore installation at Seacreast Pier Marina.

B. Anyone engaged in skin diving or scuba diving shall be accompanied by a watercraftvessel which shall display a diver's flag or the area in which the diving occurs shall be marked by an adequately displayed diver's flag. Use of the blue and white "Alpha" flag does not satisfy the requirement for a "diver's flag" as described in this title.

Section 62. Section 16.28.025 of the Seattle Municipal Code is amended as follows:

16.28.025 Skin diving or scuba diving permit-issuance.

A. The Port WardenChief of Police may issue permits authorizing skin diving and scuba diving for commercial or instructional purposes in harbor areas where skin diving or scuba diving would otherwise be prohibited.

B. Permits may be issued for a particular occasion up to thirty (30) days in duration or for a year. Every permit shall describe the activity authorized and its location; each permit may contain such other terms and conditions as the Port WardenChief of Police deems to be in the public interest, including provisions for marking or lighting, for accommodating passage of vessels and watercraft, and for providing insurance or an indemnity in event of accident or injury. Diving permits shall be supplemental to waterway use permits when required by Chapter 16.60, and use permits for submerged street area when required by Ordinance 90047.

C. Except for emergencies to save life or prevent injury, no skin diving or scuba diving shall occur sooner than one-half (1/2) hour before sunrise or later than one-half (1/2) hour after sunset except by permit from the Chief of Police.

D. All diving permits shall be subject to revocation upon noncompliance with the terms or conditions of the permit or the Harbor Code, and to immediate suspension whenever the activities conducted interfere with free and proper navigation within the harbor.

Section 63. There is added to the Seattle Municipal Code Chapter 16.28 a new Section 16.28.040 as follows:

16.28.040 Water sport craft.

No person shall engage in the operation of or ride upon a water sport craft that is over fifty feet from shore or a pier without wearing a personal flotation device. No person shall engage in the operation of or ride upon a water sport craft upon the waters of the United States government locks, Montlake Cut, Fremont Cut or under any bridge or within the confines of any guidewall or similar structure.

Section 64. Section 16.32.020 of the Seattle Municipal Code is amended as follows:

16.32.020 Removal of obstructing vessels.

A. Other than as provided in Sections 16.40.010 and 16.60.020 , or as authorized by the Superintendent of Parks and Recreation at a Park and Recreation Department facility, 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 first obtaining a permit therefor from the City.

B. No master, owner or other person in charge of any towboat shall while towing any vessel, water sport craft or obstruction obstruct any channel or fairway.

C. Except as otherwise expressly authorized in this Title or as authorized by the Superintendent of Parks and Recreation at a Park and Recreation Department facility, no owner or operator of any vessel or obstruction shall anchor, make fast or leave said obstruction or vessel in such a position that it prevents reasonable water access to any public or private pier.

D. The Port WardenChief of Police shall have the power to order the removal of:

1. Any vessel, water sport craft or obstruction anchored in any 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, water sport craft or obstruction lying at any pier in the harbor which is obstructing any slip, fairway or other vessel or water sport craft; and it is unlawful to fail, neglect or refuse to do so.

ED. In the event any vessel, water sport craft or obstruction identified in subsection D C of this section is not removed as directed by a written order of the Port WardenChief of Police within seventy-two (72) hours, or such order of the Port WardenChief of Police is not fully complied with, in other respects, the Port Warden Chief of Police shall have the power to take immediate possession of and/or impound such vessel, water sport craft or obstruction and remove the same, using such methods as in his judgment will prevent unnecessary damage to the vessel, water sport craft or obstruction, and/or assign the removal and impounding of the vessel, water sport craft or obstruction to a private person or corporation.

Section 65. Section 16.32.030 of the Seattle Municipal Code is amended as follows:

16.32.030 Sunken vessels.

When any vesselor 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 Chief of Police 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 Chief of Police 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 Chief of Police in such removal shall be paid by the owner or master of such vessel or watercraftor 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.

Section 66. Section 16.32.040 of the Seattle Municipal Code is amended as follows:

16.32.040 Floating objects.

All vessels, water sport craft, logs, piling, building material, scows, houseboats or any other article of value found adrift in Seattle Harbor, may be taken in charge by the Port Warden Chief of Police 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.

Section 67. Section 16.32.050 of the Seattle Municipal Code is amended as follows:

16.32.050 Unseaworthy craft.

A. It shall be unlawful for a master, owner or other person without a permit from the Port WardenChief of Police to tow or move in any fairway any vessel, watercraft or obstruction which prior to movement or tow:

1. Has been used as a permanent place of abode and was not engaged in navigation under its own power within ninety (90) days; or

2. Appears or exists in an unseaworthy condition, uses or needs support from another vesselor watercraft to remain afloat, or otherwise appears to lack the capacity for safe movement through and across navigable waters, other than the following: (a) barges, scows, log booms, or disabled but buoyant aircraft in tow by a towage company authorized to do business in the state, (b) vessels or watercraft temporarily disabled by accident, collision, or other malfunction but otherwise seaworthy and capable of safe movement, and (c) vessels, watercraft or obstructions being towed or moved by or under the control of the Port WardenChief of Police or the Director of Transportation.

B. Any person seeking a permit to tow or move any vessel, watercraft or obstruction identified in subsection A shall apply to the Port WardenChief of Police therefor, and shall, irrespective of the distance to be moved, post a surety bond with the City in an amount that the Director of Transportation shall determine reflects the estimated expense of the removal of such vessel, water craft, or obstruction in event of its breakup or sinking, provided the Port WardenChief of Police may accept in lieu thereof an indemnity agreement by a towage company agreeing to remove the vessel , watercraft or obstruction within ten (10) days in event of breakup or sinking; and if not so removed, to reimburse the City any expense incurred by removal thereof by the City. In addition, the person seeking the permit shall specify the destination of the vessel, watercraft or obstruction to be towed and, if the destination is a waterway, fairway, submerged street end or other area which requires a permit or other governmental approval for occupancy, shall secure and present such permit or approval to the Port WardenChief of Police when applying for the permit. An anchorage as defined in Chapter 16.04 of this title shall not be considered a permitted destination. The Port WardenChief of Police shall not issue a towing permit until all required permits, leases and occupancy agreements whether public or private, and other needed approvals have been issued.

Section 68. There is added to the Seattle Municipal Code Chapter 16.32 a new Section 16.32.060 as follows:

16.32.060 Floats and buoys.

Other than by operation of law, no float, buoy or other marking device shall be anchored in any anchorage, fairway, street end or waterway without a written permit from the Chief of Police.

Section 69. Section 16.36.010 of the Seattle Municipal Code is amended as follows:

16.36.010 Authority to impound.

The Port WardenChief of Police may take immediate possession and/or impound and remove any vessel, water sport craft, or obstruction, when:

A. The operator or master of the same reasonably appears incapable of safely operating the same or appears incapable of directing the disposition of the same;

B. The operator or master of the same refuses to sign a citation, or refuses or neglects to obey an order of the Port Warden Chief of Police to proceed from or to an area following a citation or in an emergency;

C. The operator or master operates a vessel, water sport craft or obstruction in a negligent, reckless or other manner so as to endanger the safety of others or to unreasonably interfere with the navigation or access to moorage of otherwatercraft and ))vessels, and the Port WardenChief of Police believes such operation of the vessel, watercraft or obstruction would continue unless possession be taken of the same;

D. The vessel, water sport craft or obstruction appears unsafe for water transportation; or

E. The vessel, water sport craft or obstruction appears abandoned, or is anchored or moored in an anchorage, waterway or submerged street area after expiration, cancellation, or violation of a permit, or in violation of this title without a permit seventy-two (72) hours after an order to remove the same has been given by the Port WardenChief of Police as provided in Section 16.32.020 C or D; or

F. The vessel, water sport craft or obstruction is obstructing a launch ramp area or public dock, or has remained at a facility under the jurisdiction of the Department of Parks and Recreation for one (1) hour longer than the maximum mooring or anchoring time; and remove the same, using such methods as in his judgment will prevent unnecessary damage to said vessel, water sport craft or obstruction and/or assign the removal and impounding of the vessel, water sport craft or obstruction to a private corporation.

Section 70. Section 16.36.020 of the Seattle Municipal Code is amended as follows:

16.36.020 Expenses.

In the event possession is taken of any vessel, water sport craft or obstruction as authorized in Section 16.36.010 or in Section 16.32.020 D, the expenses incurred by the Port WardenChief of Police in the removal, towing, impounding, and moorage of the same shall be paid by the owner of such vessel, water sport craft or obstruction or the owner's designee or other person in charge thereof. When a vessel, water sport craft or obstruction is moored or impounded at a City facility, the Port WardenChief of Police shall assess a reasonable moorage charge therefor, which shall be paid by the owner of such vessel, water sport craft or obstruction or the owner's designee or other person in charge thereof. The Port WardenChief of Police may decline to release possession of any vessel, water sport craft, or obstruction until all charges are paid.

Section 71. Section 16.36.030 of the Seattle Municipal Code is amended as follows:

16.36.030 Sale of impounded craft-Collection of charges.

In the event a vessel, water sport craft or obstruction shall remain impounded for ninety (90) days and the charges of towing and impounding remain unpaid, the Port Warden Chief of Police may sell the same at public auction. The City may maintain an action against the owner or person in charge of the vessel, water sport craft or obstruction for the recovery of the expenses of towing and impounding, or the remaining balance thereof, in the event of sale of the same.

Section 72. Section 16.36.040 of the Seattle Municipal Code is amended as follows:

16.36.040 Impounding-in-place.

When taking possession as authorized in Section 16.36.010 or in Section 16.32.020D, the Port WardenChief of Police may impound the vessel, water sport craft or obstruction in place by posting the same with one (1) or more signs or notices in conspicuous places stating "POLICE IMPOUND-KEEP OFF" and notifying the owner, or masteror person in charge of the impounding. The Port WardenChief of Police may in his discretion appoint as custodian the owner or master, the owner or operator of the facility or property where the vessel is moored or anchored. Upon the posting of such signs, it shall be unlawful for any person:

A. To move, load or unload, rebuild, or enter upon such vessel, water sport craft, or obstruction without written permission from the Port Warden,Chief of Police, other than for necessary maintenance and repair to prevent deterioration of the same or sinking;

B. To remove, mutilate, destroy or conceal any notice or sign posted by the Port Warden Chief of Police or the Director of Transportation pursuant to the provisions of this title.

Section 73. Section 16.36.050 of the Seattle Municipal Code is amended as follows:

16.36.050 Liability.

The Port WardenChief of Police shall not be held responsible for damages incurred as a result of impound of a vessel or water sport craft so long as all reasonable and safe practices are employed in said operation.

Section 74. Section 16.40.010 of the Seattle Municipal Code is amended as follows:

16.40.010 Submerged street area-unlawful uses.

A. It shall be unlawful for the master or other person in charge of any vessel, water sport craft or obstruction to anchor, tie or make fast the same:

1. In any submerged street area with a public dock or boat launching or loading area for a longer period of time than reasonably sufficient to load, unload, launch or land the same unless so authorized by rules and regulations posted for the use of such public dock or boat launching or loading area;

2. In any portion of a submerged street area designated by written permit for the use of another without the written consent of the permit holder; or

3. In any other submerged street area for a longer period of time than reasonably sufficient to load, unload, or repair the same other than as authorized in advance by a written permit granted by the Director of TransportationBoard of Public Works pursuant to Section 16.40.020 or as authorized as anchorage for a vessel, watercraft or obstruction by the Port Warden Chief of Police pursuant to Section 16.40.030 .

B. No use of a submerged street area shall be made by permit or otherwise which unreasonably restricts water access to adjacent privately owned or controlled property.

Section 75. Section 16.40.020 of the Seattle Municipal Code is amended as follows:

16.40.020 Submerged street area-use permit.

The Director of TransportationBoard of Public Works may authorize the use and occupation of all or any portion of a submerged street area by use and occupation permit processed and issued in accordance with Ordinance 90047, as now or hereafter amended. Such a permit may authorize use of either a specific area of a submerged street or use of submerged street area by certain vessels, watercraft or obstructions.

Section 76. Section 16.40.030 of the Seattle Municipal Code is amended as follows:

16.40.030 Anchorages designated.

Recreational anchorage is authorized only pursuant to Subsection F below. In aid of commerce and navigation anchorage for vessels((,watercraft or obstructions is authorized in the following described waters:

A. Elliott Bay Anchorage. Beginning at the northeast corner of Harbor Island; thence northerly and in a straight line to a point intersecting a line drawn along the south side of King Street; thence west on said line to a point intersecting the east line of the West Waterway; thence along said east line to the northwest corner of Harbor Island; also, beginning at a point of intersection of the outer harbor line with a straight line drawn along the west line of the West Waterway; thence north to a point intersecting a straight line drawn along the south side of Dearborn Street; thence in a westerly direction to a junction with a line along the south side of California Place.

B. Smith Cove Anchorage. Beginning at a point at the junction of the outer harbor line and a line drawn along the north side of Denny Way, thence westerly on said line for a distance of approximately two thousand feet (2,000'); thence in a northwesterly direction paralleling the outer harbor line to a point intersecting a straight line drawn along the east side of Pier 88.

C. Shilshole Bay Anchorage. All of that area enclosed by the south pier and the breakwater established north of the channel at the west entrance to the Lake Washington Ship Canal in Shilshole Bay.

D. Salmon Bay Anchorage. Beginning at a point at the junction of the outer harbor line and a straight line drawn along the south side of Sheridan Street, thence in a southeasterly direction in a straight line to a point at the intersection of the outer harbor line and the Great Northern bridge.

E. Portage Bay Anchorage. East and south of a line extending approximately six hundred feet (600') westerly in extension of the south channel line of the Lake Washington Ship Canal which is immediately west of the Montlake Cut, thence southerly in extension of the east side of Fourteenth Avenue North to the south shoreline of Portage Bay.

Provided, that in addition to the above described anchorages, whenever deemed advisable by the Port Warden Chief of Police he may grant a written permit to the master or owner of any vessel, watercraft or obstruction for the anchorage or mooring of the same outside of the outer harbor line, or in any waterway or in any street end on Lake Union at such locations as he shall determine will not interfere with or impede navigation.

F. Lake Washington Andrews Bay Anchorage. Within an area marked by buoys or, in the eastern shore of the bay, by stakes or signs, which shall be set within an area bounded on the north by a straight line which is drawn between a point on the west coast of the Bailey Peninsula that is one hundred (100) yards south of the fishing pier (the "northeast corner") and a point one hundred fifty (150) yards easterly of the western shore of Andrews Bay along a straight line drawn from the northeast corner to the surfaced boat ramp at the foot of Ferdinand Street on the western shore of Andrews Bay (the "northwest corner"): on the south by a straight line which is drawn between a point on the west coast of the Bailey Peninsula that is a straight line extension of South Dawson Street (the "southeast corner") and a point one hundred fifty (150) yards easterly of the western shore of Andrews Bay along a straight line extension of South Brandon Street (the "southwest corner"): and on the west by a straight line drawn between the northwest corner and the southwest corner described above, limited to a period not to exceed seventy-two (72) hours within any one week period.

In addition to the Andrews Bay anchorage, whenever deemed advisable by the Port Warden Chief of Police, he or she may grant a written permit to the master or owner of any vesselor watercraft for the anchorage or mooring of said vesselor watercraft outside of the outer harbor line, or in any unused slip, or in any street end on Lake Washington at such locations as he shall determine will not interfere with or impede navigation.

Section 77. Section 16.44.010 of the Seattle Municipal Code is amended as follows:

16.44.010 -Testing courses.

The Port WardenChief of Police may from time to time establish and designate such portion or portions of waters, within the City, as may be appropriate for special use as a testing course in connection with the operational testing of experimental and production watercraft andvessels. Such areas when established and maintained as a testing course shall not be available for use by the general public except by permit issued by the Port Warden Chief of Police and upon the terms and conditions set forth therein. The Port WardenChief of Police shall have power to adopt rules and regulations not inconsistent with the provisions of this title for the use and control of such special use areas and for the protection of water users, recreational or otherwise. A copy of such rules and regulations shall be filed and available for public examination in the office of the City Clerk.

Section 78. Section 16.44.020 of the Seattle Municipal Code is amended as follows:

16.44.020 Restricted areas-designation.

In the interests of safe navigation, life safety and the protection of property, motor-powered vesselswatercraft shall be prohibited on Haller Lake, andBitter Lake, Greenlake and those waters which are contiguous to the Washington Park Arboretum (as designated at SMC 18.12.190) and the Port Warden Chief of Police shall also designate restricted areas and the purpose for which same shall be used. No person shall operate any such vessel or watercraft within a restricted area; provided, that this section shall not apply to vesselsor watercraft engaged in or accompanying the activity to which an area is restricted, nor to patrol or rescue craft or in the case of an emergency.

Section 79. Section 16.48.010 of the Seattle Municipal Code is amended as follows:

16.48.010 Exemption to authorized emergency vessels and watercraft.

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

To any authorized emergency vesselor watercraft actually responding to an emergency call or in immediate pursuit of an actual or suspected violator of the law, within the purpose for which such emergency vesselor watercraft has been authorized; provided, that the provisions of this section shall not relieve the operator of an authorized emergency vesselor 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 any such emergency vesselor 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 an authorized emergency vesselor watercraft for any purpose other than for which the same has been authorized.

Section 80. Section 16.48.020 of the Seattle Municipal Code is amended as follows:

16.48.020 Emergency powers.

The Port WardenChief of Police and the officers of the Harbor Police Department are 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. Vessels authorized to anchor pursuant to this Section shall comply with applicable navigation rules, and no vessel so anchored shall be left without some person on board and in charge of it by day and by night.

Section 81. Section 16.52.010 of the Seattle Municipal Code is amended as follows:

16.52.010 Unsafe piers.

Whenever any pier or gangway devoted to passenger traffic shall be damaged or appear to the Port Warden Chief of Police to become unsafe so as to render the same, or any portion thereof, unsafe for life or property, the Port WardenChief of Police shall report the matter to the Director of Construction and Land UseCity Superintendent of Buildings 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 shall fail to comply with the orders of the Director of Construction and Land Use City Superintendent of Buildings immediately, the Director of Construction and Land UseCity Superintendent of Buildings shall direct the owner, agent or lessee to 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 to the City.

Section 82. Section 16.52.020 of the Seattle Municipal Code is amended as follows:

16.52.020 Pier lights.

In the interests of safe navigation and the protection of property the Port WardenChief of Police 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 WardenChief of Police . 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.

Section 83. Sections 16.52.040 and 16.52.050 of the Seattle Municipal Code are repealed.

Section 84. Section 16.52.060 of the Seattle Municipal Code is amended as follows:

16.52.060 Dangerous gangways.

Whenever any gangway devoted to public use shall appear to be dangerous to thePort Warden Chief of Police for such use, he shall report the matter to the Director of Construction and Land Use City Superintendent of Buildings who shall inspect the same and shallmay 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 Director of Construction and Land UseCity Superintendent of Buildings and its use for such purpose approved by him.

Section 85. Section 16.52.070 of the Seattle Municipal Code is amended as follows:

16.52.070 Drifting debris.

It shall be 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 WardenChief of Police and the expense thereof shall be paid by and recoverable from the owner, agent or lessee of such pier to the City.

Section 86. Section 16.52.080 of the Seattle Municipal Code is repealed.

Section 87. Section 16.52.090 of the Seattle Municipal Code is amended as follows:

16.52.090 Obstructing traffic.

The determination of the Port WardenChief of Police shall be final and conclusive as to all questions relating to the handling of freight or merchandise or as to the position of any vesselor watercraft at any pier or other structure belonging to the City, and all persons handling or in charge of freight or merchandise or vesselsor watercraft, shall handle the same expeditiously and without interference with or blocking general traffic and without interfering with commerce and navigation.

Section 88. Section 16.52.110 of the Seattle Municipal Code is amended as follows:

16.52.110 Patrol floats.

The Port WardenChief of Police shall designate locations for such floats as may be necessary for patrol boats and shall prescribe rules and regulations for the use of such floats.

Section 89. Section 16.56.010 of the Seattle Municipal Code is amended as follows:

16.56.010 Nuisances designated-removal.

Sunken vessels or water sport craft, 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 declared to be public nuisances and it shall be unlawful for any person to throw or place in, or cause or permit to be thrown or placed any of the above named articles or substances in Seattle 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 said 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 WardenChief of Police 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 under this section.

Section 90. Section 16.56.020 of the Seattle Municipal Code is repealed.

Section 91. Section 16.56.030 of the Seattle Municipal Code is amended as follows:

16.56.030 Oil.

No owner, master or other person in charge of any vesselor watercraft, and no engineer, or other person in charge of any engine room or machinery of any vesselor 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 so to do, the same may be removed by the Port WardenChief of Police 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.

Section 92. Section 16.60.010 of the Seattle Municipal Code is amended as follows:

16.60.010 Use of land portions of waterways.

It shall be unlawful for anyone to use or occupy the land portion of a waterway for private purposes without a written permit from the Director of Transportation so to do other than for access to or immediate loading and unloading of vessels, watercraft or obstructions then in the navigable portions thereof or launching or landing the same.

Section 93. Section 16.60.020 of the Seattle Municipal Code is amended as follows:

16.60.020 Use of waterways.

A. All use and occupation of waterways, whether by permit or otherwise, shall be subject to the following terms and conditions:

1. An unobstructed channel of at least fifty feet (50') width must be preserved at all times; provided, that the Director of Transportation may authorize a lesser unobstructed channel when both sides of a waterway are owned or controlled through lease by the same person, firm, or corporation and said official finds it to be in the public interest.

2. All vessels , watercraft or obstructions shall be anchored, moored or secured in such a manner as to minimize interference with navigation in the waterway, and shall be promptly removed upon order of the Port WardenChief of Police in the event clearance of the waterway be necessary for navigation or in an emergency.

3. The owner or master of any vessel, watercraft or obstruction anchored or moored in the navigable portions of any waterway shall be responsible for the safe anchorage and fastening of the same, and for any actions necessary to prevent sinking.

4. It shall be unlawful to use any vessel, watercraft or obstruction as a place of abode while moored or anchored in the navigable portions of a waterway, unless so authorized by permit from the City.

5. No use of a waterway shall unreasonably restrict water access to adjacent privately owned or controlled property; or conflict with a use of a waterway permitted by any public body pursuant to the terms of RCW 79.01.540 or 79.16.190.

B. The public or abutting property owners may use the navigable portions of waterways for the loading, unloading and repair of vesselsand watercraft in connection with commerce or navigation for a reasonable period of time for the activity and waterway involved without prior written permission from the City; provided, that:

1. If the Port WardenChief of Police has established by regulation or posted notice a maximum time limit for uses of any particular waterway or part thereof, no vesselor watercraft shall occupy such waterway or part thereof for a longer period of time;

2. The period of use and occupation of any and all of the navigable portions of waterways by such vesselor watercraft shall not exceed twenty-one (21) consecutive days; and

3. No more than one (1) use and occupancy of waterways in excess of seven (7) consecutive days by such vesselor watercraft may occur in any sixty (60) day period.

Section 94. Section 16.60.030 of the Seattle Municipal Code is amended as follows:

16.60.030 Permits for use of waterways.

A. Authorization. The Director of Transportation may authorize the use and occupancy of all of or any portion of a waterway, including land and water parts, by a written use and occupation permit as provided in this section, and may issue an interim permit pending the final determination regarding the permit application. Such a permit may authorize use of either a specific area of waterway or use of a particular waterway by specified vessels, watercraft or obstructions, and shall be processed in the same manner as permits pursuant to SMC Title 15 , Subtitle I unless otherwise specified in this chapter. The issuance or denial of any such permit shall be appealable to the Street Use Appeals Board.

B. Application. Any person seeking the use and occupation of a waterway or a portion thereof for a period in excess of twenty-one (21) consecutive days, a longer period than that allowed by regulations or posted notice of the Port WardenChief of Police for a particular waterway, or an occupancy for a vessel , watercraft or obstruction in excess of seven (7) consecutive days within sixty (60) days of a prior occupancy, shall apply in writing to the Director of Transportation therefor. The application shall be accompanied by a deposit to cover the cost of publishing notice when required by subsection D of this section. If the application be for a specific vessel, watercraft or obstruction, the application shall state the owner and master's name, address and telephone number, the type and size of vessels or obstructionor watercraft, the waterway(s) in which anchorage or moorage is requested, the reason for the application, and the length of time for which the permit is desired.

C. Processing. The Director of Transportation shall investigate the application; give notice to the owner, managing agent or principal lessee of property, which may have water access affected by the use sought by the application; and make his recommendation to the Director of Administrative Services. In the event that the application shall request a use for a period in excess of three hundred sixty-five (365) days, the application shall be referred to the Department of Construction and Land Use, which shall make its recommendations thereon.

D. Notice. In the event that the application shall seek a usage in excess of three hundred sixty-five (365) days the Director of Transportation shall mail notice of the application and the date, time and place at which such official will consider such application, at least ten (10) days prior thereto to the State of Washington, Commissioner of Public Lands, and the Port of Seattle, publish such notice in a newspaper of general circulation in the county and post a copy of the same in prominent places in the immediate vicinity of the waterway. The cost of such publication shall be borne by the applicant.

E. Issuance. The Director of Transportation may issue a permit for the use and occupancy of a waterway with appropriate terms and conditions upon finding that the use and occupation sought is compatible with use of the waterway as public ways for vessels watercraft and the convenience of commerce, is consistent with the City's land use planning in the immediate vicinity, and does not deprive adjacent properties of reasonable water access. The Director of Transportation may waive compliance with the terms and conditions of this section with permit applications by the United States of America and its agencies, by the state and by municipal corporations, and in the case of an application for moorage of a vessel listed upon the national historic register maintained by the United States, with the bond requirements in subsection G of this section.

Among other terms and conditions, the Director of Transportation may, but need not require that the vesselor watercraft connect its plumbing system to the nearest available City sanitary sewers; that the vesselor watercraft permit the anchorage or fastening of vesselsor watercraft alongside and access thereto; or that the vesselor watercraft be removed as soon as privately owned or privately controlled moorage space becomes available. The applicant shall comply with the terms and conditions of the permit, shall pay the fees prescribed in advance of each month, and shall cease the use and occupancy of the waterway on expiration of the permit, unless an additional permit be issued.

F. Insurance. An applicant for a permit shall, prior to issuance of the permit, provide and maintain in full force and effect while the permit is in force, public liability insurance in an amount specified by the Director of Transportation sufficient to cover potential claims for bodily injury, death or disability and for property damage, which may arise from or be related to the applicant's use of the waterway, naming the City as an additional insured.

G. Bond. An applicant for a permit shall provide prior to issuance of the permit and thereafter maintain during the period of the permit, a bond or cash deposit in an amount specified by the Director of Transportation sufficient to cover the potential cost of removal of watercraft,vessel(s), or obstruction(s) to be located therein in the event of sinking, and in the event of adjacent publicly owned structures, to cost of repair thereof in event of collision; and in the event of fixed structures, the estimated cost of removal upon expiration of the permit.

H. Indemnity. The applicant shall execute and deliver to the City upon a form supplied by the Director of Transportation an agreement in writing and acknowledged by the applicant to hold and save harmless the City from any and all claims, actions or damages of every kind and description which may accrue to, or be suffered by, any persons by reason of or related to the use and occupation of the waterway by the permit holder.

Section 95. Section 16.60.060 of the Seattle Municipal Code is amended as follows:

16.60.060 Transfer of permit.

No permit issued pursuant to this title or right or privilege granted under such permit may be assigned, sublet or transferred between persons or from a vessel, watercraft or obstruction to another by operation of law or otherwise, without the written consent of the City.

Section 96. Section 16.64.010 of the Seattle Municipal Code is amended as follows:

16.64.010 Enforcement authority.

The Port WardenChief of Police and any of his authorized deputies or employees and authorized personnel of the governments of the United States, the state or its political subdivisions by virtue of their election or appointment shall have authority to enter upon and inspect any vessel or obstruction watercraft in the harbor and are charged with the enforcement of the provisions of this title except as the enforcement thereof is otherwise specified in this title. It shall be the duty of the Port WardenChief of Police to make complaints for any 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.

Section 97. Section 16.64.040 of the Seattle Municipal Code is amended as follows:

16.64.040 Violation-penalty.

Except as provided in this title, failure to perform any act required or the performance of any act prohibited by this title is designated as a civil infraction and may not be classified as a criminal offense. The provisions of the Seattle Municipal Code Chapter 11.31.020 through 11.31.070 shall apply to the disposition of such civil infractions.

Any person who shall violate or fail to comply with any provision of this title other than Sections 16.20.200 , 16.20.210 or 16.20.230 , or any order or direction of the Port Warden, or any person or officer charged with the enforcement of this title, shall, on conviction thereof, be punished by a fine in any sum not exceeding Five Hundred Dollars ($500.00) or by imprisonment in the City Jail for a term not to exceed six (6) months, or both such fine and imprisonment. It shall be a defense that the order or direction of the Port Warden or enforcing officer exceeds his or her authority, or that the Port Warden or enforcing officer was not acting lawfully in a governmental function in giving the order or direction.

Section 98. There is added to the Seattle Municipal Code a new Section 16.64.050 as follows:

16.64.050 Penalties for criminal offenses.

The following offenses are misdemeanors and any person convicted of any of the following offenses may be punished as described in Section 12A.02.070 of the Seattle Municipal Code:

1. Section 16.20.100 Reckless operation;

2. Section 16.20.110 Intoxication;

3. Section 16.20.140 Failure to obey; and

4. Section 16.20.150 Failure to obey.

The following offenses are gross misdemeanors and any person convicted of any of the following offenses may be punished as described in Section 12A.02.070 of the Seattle Municipal Code:

1. Section 16.20.115 Failure to stop;

2. Section 16.24.010 Information and Assistance.

Section 99. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

Passed by the City Council the _____ day of ____________, 2000, and signed by me in open session in authentication of its passage this _____ day of _________________, 2000. _____________________________________ President _______ of the City Council

Approved by me this _____ day of _________________, 2000. ___________________________________________ Mayor

Filed by me this _____ day of ____________________, 2000. ___________________________________________ City Clerk

July 10, 2000 (Ver. 4)