12.02.020 Personal flotation devices required—Exceptions—Penalty.
A. No person may operate or permit the operation of a vessel on the waters of the city of Everett without a personal flotation device on board, for each person on the vessel, which is:
1. In good and serviceable condition;
2. Of an appropriate size;
3. Readily accessible; and
4. In compliance with all requirements of WAC 352-60-030.
B. Except as provided in Section 12.02.180 and subsection C of this section, a violation of subsection A of this section is an infraction, punishable in accordance with IRLJ 6.2(d)(4).
C. A violation of subsection A of this section is a misdemeanor, punishable by up to ninety days in jail and a fine of not more than one thousand dollars, if the vessel is carrying passengers for hire.
D. No person shall operate a vessel under nineteen feet in length on the waters of the city of Everett with a child twelve years old and under, unless the child is wearing a personal flotation device that meets or exceeds the United States Coast Guard approval standards of the appropriate size while the vessel is underway. For the purposes of this section, a personal flotation device is not considered readily accessible for children twelve years old and under unless the device is worn by the child while the vessel is underway. The personal flotation device must be worn at all times by a child twelve years old and under whenever the vessel is underway and the child is on an open deck or open cockpit of the vessel. The following circumstances are excepted:
1. While a child is below deck or in the cabin of a boat with an enclosed cabin;
2. While a child is on a United States Coast Guard inspected passenger-carrying vessel operating on the navigable waters of the United States; or
3. While on board a vessel at a time and place where no person would reasonably expect a danger of drowning to occur.
E. Except as otherwise provided by Section 12.02.180, a violation of the child under twelve flotation device requirement is an infraction punishable by a fine in an amount not to exceed five hundred dollars for each offense. Enforcement of subsection D of this section by law enforcement officers may be accomplished as a primary action, and need not be accompanied by the suspected violation of some other offense. (Ord. 3135-09 § 3, 2009; Ord. 2416-99 § 3, 1999; Ord. 1246-86 § 1, 1986.)