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As used in this Chapter, unless the context or subject matter clearly requires otherwise, the following words or phrases shall have the following meanings:

A. "Abandoned vessel" means the vessel's owner is not known or cannot be located, or the vessel is not currently registered or is in danger of sinking and the vessel has been left, moored, or anchored in the same area without the express consent, or contrary to the rules, of the owner, manager, or lessee of the aquatic lands below or on which the vessel is located for either a period of more than 30 consecutive days or for more than a total of 90 days in any 365-day period. For the purposes of this definition "in the same area" means within a radius of five miles of any location where the vessel was previously moored or anchored on aquatic lands.

B. "Anchor" means the act of making a vessel or obstruction secure to the bed of any body of water through use of a direct connection between the vessel or obstruction and the bed.

C. "Aquatic event" means any organized water event of limited duration.

D. "Authorized emergency vessel" means any designated and/or marked patrol vessel.

E. "Department" means the Pierce County Sheriff's Department.

F. "Derelict vessel" means the vessel's owner is known and can be located, and exerts control of a vessel that:

1. Has been left on private property without authorization of the owner; or

2. Has been left for a period of seven consecutive days, and:

a. Is sunk or in danger of sinking;

b. Is obstructing a waterway; or

c. Is endangering life or property.

G. "Diver's flag" means a red flag, not less than 10 inches on the hoist by 12 inches on the fly, with a white stripe of one inch crossing the red diagonally and a stiffener to make it stand out from the pole or mast, or a rigid replica of the International Code flag "A" (Alpha pennant) not less than one meter in height.

H. "Moor" means the act of securing a vessel or obstruction either to a pier or anchored buoy or float.

I. "Obstruction" means any vessel or any matter which may in any way impede navigation, blockade or endanger any vessel. A mooring buoy shall not be considered an obstruction where the mooring buoy does not unreasonably restrict the navigability of adjacent waters or pose a danger to persons or property.

J. "Owner" means the person who has lawful possession of a vessel or obstruction by virtue of legal title or equitable interest therein which entitles that person to such possession, and includes any agent or employee of such person.

K. "Person" means an individual, firm, partnership, corporation, company, association, or other legal entity.

L. "Personal watercraft" means a vessel of less than 16 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.

M. "Pier, dock, or gangway" means any permanent wharf, dock, float, gridiron, or other structure to promote the convenient loading or unloading of a vessel.

N. "Raft or Rafting" means to tie, connect, fasten, hold, or secure two or more vessels together, to a common anchor, or to an object other than a dock that is secured to the shoreline, while on the water.

O. "Restricted or designated areas" means an area that has been marked to be used for, or closed to, certain designated purposes.

P. "Restricted visibility" means any condition in which visibility is restricted by fog, mist, falling snow, heavy rainstorms, sandstorms, or any other similar causes.

Q. "Scuba diver" means any free-swimming person who uses an artificial or mechanical means to replace air.

R. "Sheriff" means the Pierce County Sheriff or deputy sheriffs.

S. "Skin diver" means any free-swimming person who does not use an artificial or mechanical means to replace air.

T. "Sunrise" means the time when the sun appears above the sensible horizon as a result of the earth's rotation which may be shown by a sunrise chart for Tacoma or an area of Pierce County, Washington.

U. "Sunset" means the time when the sun disappears below the sensible horizon as a result of the earth's rotation which may be shown by a sunrise chart for Tacoma or an area of Pierce County, Washington.

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

W. "Vessel" includes 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.

X. "Waters of Pierce County" means all unincorporated water within the geographical boundaries of the County.

(Ord. 2009-60s § 1 (part), 2009; Ord. 2005-36s § 1 (part), 2005; Ord. 2003-134s2 § 1 (part), 2004; Ord. 96-89S § 2 (part), 1997; Ord. 96-90 § 1 (part), 1996; Ord. 84-62 § 1 (part), 1984; Prior Code § 43.02.040)