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A. RCW 79A.60.170 and any amendments thereto are adopted and incorporated herein as this subsection A.

B. The following regulations are intended to supplement the provisions contained in RCW 79A.60.170 as adopted by subsection A of this section: It shall be unlawful to operate a vessel towing a person on water skis, aquaplane, or surfboard, inner tube, or other similar device unless the following conditions are strictly followed:

1. The vessel shall be manned by an operator who must be attentive to the duties of operating a vessel.

2. No vessel operator may tow or attempt to tow a water-skier on any waters of Washington State unless such craft shall be occupied by at least an operator and an observer. The observer and the operator shall not be the same person. The observer shall continuously observe the person or persons being towed and shall display a flag immediately after the towed person or persons fall into the water and during the time preparatory to skiing while the person or persons are still in the water. Such flag shall be a bright red or brilliant orange color, measuring at least 12 inches square, mounted on a pole not less than 24 inches long and displayed to be visible from every direction.

3. No person shall engage or attempt to engage in water-skiing without wearing a personal flotation device.

4. No vessel shall follow behind a vessel towing a person on water skis closer than 300 feet, or cross the bow of a towing boat closer than 200 feet, or pass alongside a towing boat closer than 100 feet. A vessel towing a skier is not a privileged boat, and must conform to the rules of the road.

5. It shall be unlawful to water-ski from sunset to sunrise.

6. It shall be unlawful to water-ski within 200 feet of any public boat launching area, or within 200 feet of any dock used for fueling any vessel, or within 200 feet of any dock or designated swimming area at a public park, or a private designated swimming area. This provision shall apply to the taking off and landing of a water-skier in any of the described areas.

C. A violation of subsections (B)(1), (B)(2), (B)(3), (B)(5) and (B)(6) of this section constitutes a Class 2 civil infraction under Chapter 1.48 LMC. A violation of subsection (B)(4) of this section constitutes a misdemeanor crime, punishable by a fine of up to $1,000 or by a jail sentence of up to 90 days, or by both such fine and jail time. [Ord. 387 § 1, 2005; Ord. 86 § 1, 1996.]