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It shall be unlawful to operate any vessel in a negligent manner upon the waters of Pierce County. Negligent operation is the failure to operate in a careful and prudent manner or at a speed that is reasonable and proper under the conditions at the time and place of operation, taking into account the amount and character of traffic, size of waters and freedom from obstruction of view ahead, or the failure to exercise reasonable care necessary to prevent the endangerment of life, limb or property of any other person when operating a vessel. Actions that constitute evidence of negligent operation include but are not limited to:

A. Causing a wake that is likely to, or in fact does, create a hazardous situation or damage property, which property is reasonably constructed and/or reinforced to withstand normal wakes and washes and the natural movements of wind, waves and tidal fluctuations under non-storm conditions.

B. Causing a wake that is likely to, or in fact does, create a hazardous situation to other persons whether engaged in shore side activities or in nearby vessels.

C. Swerving at the last possible moment to avoid collision.

D. Loading or permitting to be loaded a vessel with passengers or cargo beyond its safe carrying ability or carrying passengers or cargo in an unsafe manner taking into consideration weather and other existing operating conditions.

E. Bow, seat back, gunwale or transom riding, when operating in excess of five miles per hour unless seating is specifically designed for that location.

F. The operator of any vessel shall be responsible for any damage or injuries caused by the wake from the vessel.

G. A violation of this Section constitutes a Class 2 civil infraction under Chapter 1.16 PCC.

H. Operating without navigation lights at night.

(Ord. 2003-127s2 § 2 (part), 2004)