HomeMy Public PortalAboutOrd. 590-A - Supporting DocsROBERT H. REMAKLUS, LAWYER P.A.
PROFESSIONAL CENTER BUILDING
POST OFFICE BOX 759
CASCADE, IDAHO83611
TELEPHONE (208) 382.4267
Hay 15, 1991
Arthur J. Schmidt, Jr.
City Clerk/administrator
P. O. Box 1366
NcCallr Idaho 38633
Re: Jet Ski Ordinance
Dear Bud:
Your attention is directed to Section 67-7031 r Idaho Code,
regarding marking of waters within the state and the enactment of
local ordinances concerning waters within the city limits.
We must use the Uniform Waterways harking System or obtain
specific authority from the State Department of Parks to design
our own. Local ordinances are allowed to "promote or protect the
health and safety and general welfare of its citizenry."
I'am in pursuit of a cope of the state rules so we will know how
to proceed.
Very truly yours,
Robert H. Remaklus
bb
W
B
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INSTALLATION SUGGESTIONS
PERMAFLEX CABLE
1. Cable thimble
B231 (two)
2. Cable clamps
B183 (four)
3. Permaflexa' cable
B193 — Length =
Depth plus 3 ft
NOTE:
A 300 lb. concrete anchor
B215-2 is recommended, or
a 200 lb. B216-20
STRAIGHT LINK CHAIN
1. Connecting links
B 189 (two)
2. Swivel B192 (one)
3. Shackle B190 (one)
4. Chain — Length =
Depth plus 3 ft.
NOTE:
A 300 lb. concrete anchor
B215-2 is recommended, or
a 200 lb. B216-20
See page 10 for chain, cable
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See page 12 for maintenance
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1/4"
8193-8
75 3/16"
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15'
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18'
8182 7
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TO ORDER - Call toll free 1-800-228-3693 — IN WISCONSIN - Call 414-`
67-7029
BOATING LAWS 18
19
BOATING LAWS 67-7030
of registration and use permits. In the event a
person accepts such authorization, he shall be
assigned a block of numbers and certificates,
which upon issuance in conformity with law and
with any rules and regulations of the department
shall be valid as if issued directly by an
assessor.
67-7030. REGATTAS, RACES, MARINE EVENTS,
TOURNAMENTS AND EXHIBITIONS. -- (1) The
sheriff in each county may authorize the holding
of regattas, marine events, races, tournaments
or exhibitions on any waters of this state
located within the county. The department may
adopt rules and regulations concerning the
safety of vessels and persons.
(2) Whenever a regatta, race, tournament,
marine event or exhibition is proposed to be
held, the person in charge shall, at least
thirty (30) days prior thereto, file an
application for permission to hold an event with
the sheriff in the county of the proposed event,
and a copy of the application shall be readily
transmitted by the sheriff to the designated
state boating safety coordinator.
(3) The application shall set forth the
date, time and location where the event is
proposed to be held, together with the following
information:
(a) The name and address of the sponsoring
organization.
(b) The name, address and telephone number
of the person or persons in charge of the
event.
(c) The nature and purpose of the event.
(d) Information as to general public
interest.
(e) Estimated number and type of vessels
participating in the event.
(f) Estimated number and types of spectator
vessels.
(g) Number of vessels being furnished by
sponsoring organizations to patrol the event.
(h) A time schedule and description of
events.
(i) A section of a chart or scale drawing
showing the boundaries of the event, various
watercourses or areas to be used by the
participants, officials and spectator
vessels.
(4) The provisions of this section shall
not be exclusive with respect to waters of this
state over which jurisdiction is shared with the
United ---States --and ---shall- not exempt any -person
from compliance with applicable federal law or
regulation.
(5) Competitors in any race, regatta or
trial or other marine event authorized by a
sheriff shall be exempt from the provisions of
law with regard to speed while on an authorized
racing course and from provisions of this
chapter concerning equipment, noise and
numbering. These exemptions are exclusive and
shall apply only while an operator of a vessel
is engaged in an authorized race, regatta or
trial.
(6) It shall be unlawful for any person to
conduct any regatta, marine event, race,
tournament or exhibition on the waters of the
state of Idaho unless he shall have had a marine
event permit issued to him as provided by law.
67-7031. MARKING OF WATER AREAS -
PROCEDURES - LOCAL RULES. -- (1) The
department may make or adopt appropriate rules
and regulations for the marking of the water
areas in this state through the placement of
aids to navigation and regulatory markers. Such
rules shall establish a marking system of aids
to navigation prescribed by the United States
Coast Guard and shall give due regard to the
system of uniform waterway markers approved by
the advisory panel of state officials to the
merchant marine council of the United States
Coast Guard. No city,county, other political
subdivision or other person shall mark the
waters of this state in any manner in conflict'
with the marking system prescribed by the
department or without the specific authority of
the department.
(2) The provisions of this chapter shall
govern the operation, equipment, numbering and
all other matters relating thereto whenever any
vessel shall be operated on the waters of this
state or when any activity regulated by this
chapter shall take place thereon. Nothing in
this chapter shall be construed to prevent the
adoption of any ordinance or local law relating'
to operation and equipment of vessels, so long
as such ordinances are not in conflict with the
provisions of law.
(3) Any political subdivision of the state
of Idaho may at any time, but only after
sufficient public notice is given, adopt local
ordinances with reference to the operation of
vessels on any waters within its territorial
limits or with reference to swimming within
areas of intense or hazardous vessel traffic,
provided the ordinances are intended to promote
or protect the health, safety and general
welfare of its citizenry.
61-7032..--- - - OWNER'S_—_. _RESPONSIBIL-I-TY -
PRESUMPTION OF CONSENT. -- (1) The owner of
the vessel shall be liable for any injury or
damage occasioned by the negligent operation of
it, whether the negligence consists of a
violation of the provisions of law, or in the
failure to observe ordinary care in the
ORDINANCE NO.
AN ORDINANCE RELATING TO WATER SAFETY; AMENDING TITLE V
OF THE VILLAGE CODE OF McCALL, IDAHO, BY THE ADDITION OF
A NEW CHAPTER 9, TITLE V OF THE VILLAGE CODE OF McCALL,
IDAHO, TO PROVIDE DEFINITIONS, CREATING A WATER SAFETY ZONE,
TO PROVIDE FOR ESTABLISHMENT, MARKING AND INSTALLATION OF
WATER SAFETY ZONE POINTS, DEFINING UNLAWFUL ACTS, TO
PROVIDE EXCEPTIONS, TO PROVIDE FOR WATERCRAFT EXHIBITION
AND RACES: AND ESTABLISHING FEE FOR PERMITS THEREFOR, TO
PROVIDE PENALTIES AND TO PROVIDE FOR SEVERABILITY.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF McCALL, IDAHO, AS FOLLOWS:
Section 1. That Title V of the Village Code of McCall, Idaho,
be, and the same is hereby amended by the addition thereto of a
NEW CHAPTER to be known and designated as Chapter 9 of Title V of
the Village Code of McCall, Idaho, and to read as follows:
Chapter 9
Water Safety
5-9-1: Definitions. Words not defined herein shall be given
the meaning ordinarily applied to such words. The following mean:
Watercraft Any and all motorboats, sailboats,
personal watercraft, "jet ski" and
any other device used to carry, move,
pull or otherwise transport persons
or property across and over the
surface of water.
Water Safety Lines
Those lines over and across the
waters of big Payette Lake herein-
after described.
Water Safety Zone . That zone lying between the water
safety lines herein described and
the high water line of big Payette
Lake, within the corporate limits
of the City of McCall.
5-9-2: Water Safety Zone Created, There is hereby created a
water safety zone within that area of big Payette Lake lying
within the corporate limits of the City of McCall, described as
follows:
That area situate, lying and being between the high water line
of big Payette Lake and the water safety lines extending across
the water of said lake, which lines are described as follows:
A line extending from Water Safety Zone Point 1 to Water
77
Safety Zone Point 2;
A line extending from Water
Safety Zone Point 4;
A line extending from Water
Safety Zone Point 6;
(etc.)
Safety Zone Point 3 to Water
Safety Zone Point 5 to Water
5-9-3: Location and Marking of Water Safety Zone Points. A11
safety zone points shall be located on land clearly visible from
the lake and shall be marked with the appropriate number of such
point at least 36 inches in heigth above a rectangular mark two
feet in width and 48 inches high. A11 of such numbers and marks
shall be painted in hunter's orange color.on a white background.
Such water safety zone points shall be located by the city
engineer and installed upon approval of the City Council.
5-9-4: Unlawful Acts.
1. It shall be unlawful to mar, deface or destroy any water
safety zone point marker.
2. It shall be unlawful for any person to operate a water-
craft' in a water safety zone at a speed in excess of five
(5) miles per hour, except as hereinafter provided.
5-9-5: Exceptions.
1. It shall not be unlawful to operate a watercraft in
a water safety zone in excess of five (5) miles per hour
when leaving or returning to a place of moorage, within
the shortest distance between place of moorage and the
area in big Payette Lake lying and being outside of such
water safety zone.
2. Any person engaged in a professional exhibition
or participating in a regatta, race, marine parade,
tournament, or exhibition held in compliance with a
permit issued by the City of McCall.
5-9-6: Watercraft Exhibitions and Races -Permit Required:
1. No person shall engage in a professional exhibition
or participate in a regatta, race, marine parade, tourna-
ment or exhibition in a water safety zone without a permit
therefor issued by the City of McCall.
2. The permit fee for each professional jet ski exhibi-
tion, regatta, race, marine parade, trounament, or
exhibition shall be $25.00 per day, payable in advance.
3. Applications for licenses hereunder shall be made to
the City Clerk upon such forms that are required by said
City Clerk.
5-9-7: Penalties: Any person convicted of a violation of this
Chapter shall be punished by a fine not to exceed three hundred
dollars ($300.00) or imprisonment in the County jail not more than
thirty (30) days or by both such fine and imprisonment.
5-9-8: Severability: If. any portion of this Chapter or the
application thereof •to any persons or circumstances is held to be
invalid, the invalidity shall not affect other provisions or
applications of this ordinance which can be given effect without
the invalid provision or application, and to this end the
provisions of this Chapter are severable.
Passed and approved this day of , 1990.
Mayor
Attest:
City Clerk
t.
ORDINANCE NO. 2360
AN ORDINANCE AMENDING SECTION 8.25.100 OF THE MUNICIPAL
CODE OF THE CITY OF COEUR D'ALENE, KOOTENAI COUNTY, IDAHO, TO
CHANGE THE RESTRICTION FOR OPERATING AT SPEEDS GREATER THAN
FIVE MILES PER HOUR FROM WITHIN TWO HUNDRED TO FIVE HUNDRED
FEET OF THE SHORELINE OF LAKE COEUR D'ALENE; AND TO EXTEND THE
PROHIBITED AREA FOR OPERATION OF WATER SKIS, AQUA PLANES, AND
LIKE DEVISES TO FIVE HUNDRED FEET FROM THE SHORELINE OF LAKE
COEUR D'ALENE; REPEALING ALL ORDINANCES AND PARTS OF
ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED, by the Mayor and City Council of the city
of Coeur d'Alene:
Section 1
That Section 8.25.100, Coeur d'Alene Municipal Code, be
and the same is hereby amended to read as follows:
8.25.100 Watercraft restriction --Within twe five hundred
feet of shoreline.
A. No person shall operate or navigate any motor -driven
watercraft under power within two hundred feet of the
shoreline of the city of Coeur d'Alene, in that area bounded
on the west by the west right-of-way line of Twelfth Street
extended and on the east by the city limits, and in that area
bounded on the east by a line parallel to and two hundred feet
west of the east line of Government Lot 49 extended and on the
west by the Coeur d'Alene city limits.
B. No person sha11 operate or navigate any motor -driven
watercraft in any waters within twe five hundred feet of the
shoreline of Lake Coeur d'Alene at a speed greater than five
miles per hour or at a speed which would cause a wake or swell
exceeding two inches vertical height.
C. No person shall operate or propel any person on
water skis, aqua plane or similar contrivance within twe five
hundred feet of the shoreline of the city of Coeur d'Alene.
Section 2
All ordinances and parts of ordinances in conflict with
this ordinance are hereby repealed.
ORDINANCE NO. 2360: Page 1
Section 2
This ordinance shall take effect and be in full force
upon its passage, approval and publication in one (1) issue of
the Coeur d'Alene Press, a newspaper of general circulation
published within the City of Coeur d'Alene and the official
newspaper thereof.
Passed under suspension of rules upon which a roll call vote was
duly taken and duly enacted an ordinance of the City of Coeur d'Alene
at a regular session of the City Council, May 7, 1991.
APPROVED by the Mayor this 7th day of May, 1991.
Mayor
ATTEST:
1 k
City Clerk
•
ORDINANCE NO. 2360: Page 2
Y
6A-
JULY 2, 1991
TO; CHIEF PARKER
FROM; CITY ADMINISTRATOR
RE; LAKE PATROL/ JET -SKI
AT THE COUNCIL'S REQUEST, THE LAKE PATROL ISSUE WILL BE CAN
THE JULY 11 AGENDA.
PLEASE ATTEND AND BE PREPARED TO ADDRESS THE FOLLOWING
ISSUES;
STAFFING
INSURANCE COSTS ( SEE BILL KIRK)
SCOPE OF ENFORCEMENT DUTIES,
TRAINING... IN VEHICLE OPERATION AND RED CROSS
LIFESAVING CERTIFICATION BY EACH INDIVIDUAL WHO WILL
BE ASSIGNED TO THE CRAFT
A SUMMARY OF CALLS FOR SERVICE ON THE LAKE TO MPD YEAR
TO DATE
ANY OTHER CONCERNS OR COMMENTS THAT YOU FEEL ARE
RELEVANT FOR THE COUNCILS DISCUSSION.
THANKS.
SAVING LIVES
AND INFLUENCING PEOPLE
SPECIAL REPORT: Loaner Programs
one of the most positive and effective
programs ever initiated by personal
watercraftmanufacturers is the
loaner program. It puts vehicles in the hands
of water safety and patrol officers
across the country, free of charge for a full
season.
It would be the equivalent of the Ford
Motor Company giving police departments
free use of Crown Victorias for four months.
It sounds too good to be true. In the case of
'-, watercraft loaner programs, though, such
e use really is there for the asking.
Kawasaki and Yamaha originated this
approach to improved relationships with
safety agencies last season. The two compa-
nies have accumulated books full of clip-
pings — positive newspaper and magazine
articles — chronicling the use of the craft
nationwide. With their loaned craft inthe
hands of trained boating experts, they have
played an important role in improving boat-
ing safety, in assisting search and rescue
efforts and in saving lives.
Why are the loaner programs so success-
ful? Part of the reason is the positive public
perception of a craft, such as the Wave -
Runner or Jet Ski, when it's ridden by an
officer. After all, any craft that a boating
safety officer uses in a rescue or enforcement
operation must be safe, effective and legal,
right?
Right. And that's part of what the public,
including former critics, comes to under-
stand thanks to the loaners.
The articles on the following pages
•..�_
Officer Ron Bittaker of the St Petersburg Beach (Fla.) Police Department patrols aboard a Yamaha WaveRunner III.
describe how and why the programs work,
how they have been received and how they
have helped improve boating safety. The
articles were written by John Donaldson, the
Yamaha Marine Group's public communi-
cations manager; Nancy Linden, account
executive for Kawasaki's public relations
firm, Freeman/McCue; and the WATER
SCOOTER BUSINESS staff.
Bombardier, Hot Sports and Wetjet also
have personal watercraft loaner programs
that are growing this season.
The rising use and acceptance of the craft
by patrol and safety officials is improving
the public image of personal watercraft. If
your business is able to take part, do so for
the good of the sport.
52 WATER SCOOTER BUSINESS MAY 1991
'lramaha Loa
,Dramatically
�YPRESS, CALIF. —In the spring of
990, Chuck Loomis, a northern Indiana
Yamaha water vehicle dealer, was informed
that the local lake commission was planning
to completely ban personal watercraft from a
group of lakes collectively known as the
Lake of Four Seasons.
The lake commission was responding to
complaints from lake area residents alarmed
by an inflamatory, anti-PWC segment on the
television tabloid "The Reporters." Loomis
mobilized a large group of personal water-
craft owners and mounted an intensive lob-
bying and educational effort aimed at lake
commission members as well as restrictions
advocates. After a lot of time and hard work,
Loomis and his group ultimately tamed the
tide against the restrictions. The lake com-
mission even appointed Loomis and a local
WaveRunner owner to a newly created
Personal Watercraft Committee to enforce
safety rules on the lake.
The point here is not that a motivated
dealer can prevail against those who would
deny personal watercraft the same rights
accorded other boaters (which Loomis
•
There is an equally effective and much
easier way for dealers to prevent the ques-
tion of restrictions from arising in the first
place: taking a pro -active stance and partici-
pating in Yamaha Marine Group's Public
Safety Loan Program. .
Probably the biggest long-term problem
currently facing personal watercraft dealers
is unreasonable restrictions on personal
watercraft: limiting riding areas, closing
launch sites, etc. Though the ecomomy'is in
recession and sales may be slow, prosperity
will return. But anti-PWC legislation can put
local personal watercraft sales on ice perma-
nently.
Loaning personal watercraft to local law
enforcement officials —police, sheriff's.and
fire departments, fish and wildlife services,
search and rescue units, etc. —is the simplest
and most effective step a dealer can take to
preserve marine access for personal water-
craft.
The mechanics of the program, launched
n Program Makes
Positive 'Impact Yamaha Marine Group
By John Donaldson
proved is true). The point is,that fighting pro- by Yamaha in March 1990, are as follows: A
posed restrictions consumes.a lot of a deal- government agency contacts its local
.er's time and effort. Yamaha water vehicle dealer regarding a
vehicle loan. The dealer and the agency
assemble the necessary paperwork and sub-
mit it with an order to Yamaha Marine
Group. After Yamaha verifies the complete-
ness of the paperwork and processes the
order, the water vehicles are shipped to the
dealer. The dealer assembles and prepares
the vehicles and then trains the new riders.
Although all models are available for the
program, the two water vehicles most com-
monly used are the WaveRunner III and the
WaveRunner LX.
Yamaha has left it to the dealers to work
out details such as customization, service
arrangements, and number of vehicles to be
loaned. Yamaha does encourage dealers to
ask the participating agency to hold the deal-
ership free of any liability.
This pioneering initiative utilizes the con-
cept of public -private sector cooperation to
promote greater understanding of PWCs on
the part of marine regulatory and enforce-
ment agencies.
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Circle 53 on Reader Service Card.
MAY 1991 WATER SCOOTER BUSINESS 53
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