1. “Boater” means any person on a vessel on waters of the city of Everett.

2. “Boater education card” means a card issued to a person who has successfully completed a boating safety education test and has paid the registration fee for a serial number record to be maintained in the Washington State Parks and Recreation database.

3. “Carrying passengers for hire” means carrying passengers in a vessel on waters of the city of Everett for valuable consideration, whether given directly or indirectly or received by the owner, agent, operator, or other person having an interest in the vessel. This shall not include trips where expenses for food, transportation, or incidentals are shared by participants on an even basis. Anyone receiving compensation for skills or money for amortization of equipment and carrying passengers shall be considered to be carrying passengers for hire.

4. “Darkness” means that period between sunset and sunrise.

5. “Length” means a straight line measurement of the overall distance from the foremost point of a vessel to the aftmost part of a vessel, measured parallel to the centerline not including bowsprits, bumpkins, boomkins, rudders, outboard motor brackets, outdrive units, propellers, and similar fittings or attachments.

6. “Motor-driven boats and vessels” means all boats and vessels which are self-propelled.

7. “Operate” means to steer, direct, or otherwise have physical control of a vessel that is underway.

8. “Operator” means an individual who steers, directs, or otherwise has physical control of a vessel that is underway or exercises actual authority to control the person at the helm.

9. “Owner” means a person who has a lawful right to possession of a vessel by purchase, exchange, gift, lease, inheritance, or legal action whether or not the vessel is subject to a security interest.

10. “Person” means any individual, sole proprietorship, partnership, corporation, nonprofit corporation or organization, limited liability company, firm, association, or other legal entity located within or outside this state.

11. “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.

12. “Personal watercraft” means a vessel of less than sixteen feet that uses a motor powering a water jet pump as its primary source of motive power and that is designed to be operated by a person sitting, standing, or kneeling on, or being towed behind, the vessel, rather than in the conventional manner of sitting or standing inside the vessel.

13. “IRLJ” means the Infraction Rules for courts of Limited Jurisdiction, as in effect at the date of enactment of the ordinance codified in this chapter or as thereafter amended.

14. “RCW” means the Revised Code of Washington, as in effect at the date of enactment of the ordinance codified in this chapter or as thereafter amended.

15. “Reckless” or “recklessly” means acting carelessly and heedlessly in willful and wanton disregard of the rights, safety, or property of another.

16. “Underway” means that a vessel is not at anchor, or made fast to the shore, or aground.

17. “Vessel” means every 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, sailboards, and small rafts or flotation devices or toys customarily used by swimmers.

18. “WAC” means the Washington Administrative Code, as in effect at the date of enactment of the ordinance codified in this chapter or as thereafter amended.

19. “Water skiing” means the physical act of being towed behind a vessel on, but not limited to, any skis, aquaplane, kneeboard, tube, or any other similar device.

20. “Waters” and “waters of the city of Everett” mean the navigable waterways within the corporate limits of the city of Everett. (Ord. 3135-09 § 1, 2009; Ord. 1246-86 § 1, 1986.)