A. When testing, as authorized in this chapter, the provisions of RCW 79A.60.130 shall apply to vessels designed for racing that are properly registered with the American Power Boat Association or an affiliate group, and when their registration numbers are plainly visible on the vessel. A helmet and American Power Boat Association approved jacket must be worn by the driver and mechanic if the craft is designed to carry a mechanic. Testing must be approved by and scheduled in advance with the City Manager or his designee. Testing shall be done on specific waters at specific times only. (See LMC 8.60.235 for areas open and times allowed.)

B. Vessels testing under the provisions specified in this chapter shall maintain a distance of 400 feet from the shore or another vessel while speed is in excess of five miles per hour. A vessel testing for a race must follow the rules of the road and the general rules herein. Vessel testing shall be exempt from the speed and noise limitations of LMC 8.60.150 and 8.60.220.

C. No unauthorized person shall operate a vessel or swim, or skin dive, within a testing course during permitted testing operations while an authorized vessel is in the testing course.

D. While testing, there must be an accompanying safety vessel in the water, with rescue personnel on board, to warn unauthorized vessels of the test. The safety vessel shall have on board firefighting and rescue equipment.

A violation 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. 380 § 6, 2005; Ord. 86 § 1, 1996.]