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Wakesurfing criminal offense in WA???


Cory

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This 4th of July weekend I was teaching some friends how to wakesurf on our home lake (Lake Tapps, WA). While I was pulling a friend still learning how to go ropeless, we were pulled over on the water by the police boat. He said that we were violating the no teaking law and needed to stop. While he only intended to give us a warning (and they were reasonably nice about it all) he said that holding onto a rope that is connected to the boat and which length puts the rider within 15ft of the swim platform constituted teaking and was a criminal offense. Apparently, it is ok to wakesurf within 15ft if you are ropeless (ie, not connected to the boat), but not ok if you are holding the rope. Since I have never seen a boat on our lake with a surf pocket more than 15 ft behind the swim platform that means its illegal to use the rope to get up behind the boat and pull yourself into the pocket.

The teaking law is supposed to stop people from grabing onto the swim platform behind the boat. Applying it to someone learning to wakesurfing 5-10 feet behind the boat is screwy. I'm a little nervous to attempt to teach anyone how to surf for fear that the same police will pull me over again and say, "we gave you a warning, now we are giving you a criminal record..."

Any similar problems???

Edited by Cory
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So I just looked up the relevant law:

RCW 79A.60.660

Operating motor driven boat or vessel for teak surfing, platform dragging, bodysurfing — Prohibition — Exceptions — Penalty.

(1) No person may operate a motor driven boat or vessel or have the engine of a motor driven boat or vessel run idle while an individual is teak surfing, platform dragging, or bodysurfing behind the motor driven boat or vessel.

(2) No person may operate a motor driven boat or vessel or have the engine of a motor driven boat or vessel run idle while an individual is occupying or holding onto the swim platform, swim deck, swim step, or swim ladder of the motor driven boat or vessel.

(3) Subsection (2) of this section does not apply when an individual is occupying the swim platform, swim deck, swim step, or swim ladder for a very brief period of time while assisting with the docking or departure of the vessel, while exiting or entering the vessel, or while the vessel is engaged in law enforcement or emergency rescue activity.

(4) For the purposes of this section, "teak surfing" or "platform dragging" means holding onto the swim platform, swim deck, swim step, swim ladder, or any portion of the exterior of the transom of a motor driven boat or vessel for any amount of time while the motor driven boat or vessel is underway at any speed.

(5) For the purposes of this section, "bodysurfing" means swimming or floating on one's stomach or on one's back on or in the wake directly behind a motor driven boat or vessel that is underway.

(6) A violation of this section is a natural resource infraction punishable as provided under chapter 7.84 RCW, however the fine imposed may not exceed one hundred dollars.

It makes no mention of having to be more than 15ft??? Whatever law I was violating is not this one... I'm inclined to call the Bonney Lake PD and ask to talk to someone in the boating division for clarification.

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The more I research the "actual" law, the more pissed off at the officer's I'm getting for ruining half a weekend of teaching my friends how to surf. The officer said "teaking" is a criminal offense; however, subsection (6) above states that it is a "natural resource infraction". I looked this up and guess what:

RCW 7.84.020

"Infraction" defined.

Unless the context clearly requires otherwise, the definition in this section applies throughout this chapter.

"Infraction" means an offense which, by the terms of Title 76, 77, 79, or 79A RCW or *chapter 43.30 RCW and rules adopted under these titles and chapters, is declared not to be a criminal offense and is subject to the provisions of this chapter.

I'm calling Bonney Lake PD tomorrow morning to have a few words with them.

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Interesting...

Criminal offense vs. Infraction still equals a fine either way you look at it so that shouldn't be a big deal. You know you're not going to jail for "teaking." The real issue is that so far that section above doesn't cover wakesurfing at all. I wonder if there is a different one that the officer was talking about. Pushing the issue with the officer will take some experienced verbal skills. I would approach the officer, thank him for looking out for your safety, and then ask for the section he was talking about. Re-iterate that you are not challenging him, but wish to pass on to interested friends, like on this forum, the specific law about wakesurfing in your state, so others can abide by the law. This may work, or it may just piss him off, especially if he figures out he is wrong and doesn't like being wrong pointed out to him. The lake officer has alot of power to ruin your day if you get on his wrong side, so its a bit of a gamble. No matter how robotic we expect them to be, the cops have emotions, some more than others Whistling.gif .

As for calling the police department directly, I'd ask for a supervisor to simply clarify the law, not to make a complaint. I REPEAT not to make a complaint! If you start bitching about the bad cop on the lake, the supervisor will group you into the 99% of other people who complain (i.e. people who screwed up in the first place, and the straight up crazies), and you won't get very much useful info.

Good luck and let us know how this worked out.

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The sherriff's boat pulled my friend over here last year also and was kind of a jerk about it. My friend did his homework like you and even met with the local county prosecutor and educated her on it. She said the officer was misinterpreting the law, but they don't like to be told that so much. Her advice was to continue to surf, and if a citation was ever given then to fight it and she would dismiss charges which would set an appropriate precedent for the law enforcement in the area. He even called the local news and they did a little segment on it and interviewed the officer and by that time he wasn't ready to act too tough. The word had been passed down by then and it hasn't been a problem since. I agree with the others to make it an issue of clarification rather than complaint.

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Unfortunately most of these officers don't make enough money to even own a boat, probably a little jealousy and therefore their "prickyness". I'm not trying to start a war here, I think teachers and law officers should make more money!!

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Good advice from Brett,

call for clarification--not confrontation. You said yourself that they were nice about it all. Remember too that the Police are people just like you and me and I don't know about you but I don't get everything right every time. Sounds like they were trying to enforce a law that is in place to protect you and your fellow boaters, even if they got it wrong sounds like it was done in the spirit of safety and not out hassling folks.

While he only intended to give us a warning (and they were reasonably nice about it all)

Another thought I had was that there could be a city ordinance against "teaking" that includes the specific language the officer used. Him quoting rope length restrictions is what is interesting to me, makes me think there may be something to it.

Bad idea to call them up and as you put it "have a few words with them". Do that and I can guarantee you will never get another warning for anything on that lake. Just my $0.02.

Good luck

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Cory all you need to do is have a 20` long rope and then pull your self in to the pocket people in colorado and arizona are having the same issue and this is how they are dealing with it. I would also print out the rules so the next time you are pulled over you can explain the differances. I would also contact the local law inforcment to get clarification and note who you talked to and when. keep that for your records. Or you could come up to sam. were the po po knows better..lol

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I would also call up and just ask for claification stating that you would just like to understand what the laws (and any new laws) are for your area. Let them know that you were confused about the Teaking law, that you knew about, seemed to be applied to surfing. Ask for the RCW section numbers so that you may review them. I don't think they will have any issue with that request.

I mean, we all want to be safe (and legal) on the water... right?

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Cory all you need to do is have a 20` long rope and then pull your self in to the pocket people in colorado and arizona are having the same issue and this is how they are dealing with it. I would also print out the rules so the next time you are pulled over you can explain the differances. I would also contact the local law inforcment to get clarification and note who you talked to and when. keep that for your records. Or you could come up to sam. were the po po knows better..lol

Have they had more problems with injuries resulting from falling onto a rope or getting tangled in a rope that is too long for wakesurfing?

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Interesting...

Criminal offense vs. Infraction still equals a fine either way you look at it so that shouldn't be a big deal. You know you're not going to jail for "teaking." The real issue is that so far that section above doesn't cover wakesurfing at all. I wonder if there is a different one that the officer was talking about. Pushing the issue with the officer will take some experienced verbal skills. I would approach the officer, thank him for looking out for your safety, and then ask for the section he was talking about. Re-iterate that you are not challenging him, but wish to pass on to interested friends, like on this forum, the specific law about wakesurfing in your state, so others can abide by the law. This may work, or it may just piss him off, especially if he figures out he is wrong and doesn't like being wrong pointed out to him. The lake officer has alot of power to ruin your day if you get on his wrong side, so its a bit of a gamble. No matter how robotic we expect them to be, the cops have emotions, some more than others Whistling.gif .

As for calling the police department directly, I'd ask for a supervisor to simply clarify the law, not to make a complaint. I REPEAT not to make a complaint! If you start bitching about the bad cop on the lake, the supervisor will group you into the 99% of other people who complain (i.e. people who screwed up in the first place, and the straight up crazies), and you won't get very much useful info.

Good luck and let us know how this worked out.

I did this exact thing several years ago with excellent results.

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"THE LAW IS SUBJECT TO THE INTERPRETATION OF THE ONE ENFORCING IT"...a wise man unknown.

Sorry your weekend was ruined. We were pulled over on our lake between friday and saturday 11 times. They were out in full force and going through what I call holiday weekend zero tolerance over enforcement. Furthermore we have game wardens and constables on our lake and both enforce different laws. I.E. game wardens enforce 50 feet from shores and boats. The constables enforce 100 feet from shores and boats. Between the two of them they don't know what each agency enforces. Therefore it really comes down to the interpretation of the law by the law enforcement officer. You would probably have been ok had it not been a holiday weekend. I fight them to the death for the sport I love tactfully and with kid gloves. Good luck!

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Cory all you need to do is have a 20` long rope and then pull your self in to the pocket people in colorado and arizona are having the same issue and this is how they are dealing with it. I would also print out the rules so the next time you are pulled over you can explain the differances. I would also contact the local law inforcment to get clarification and note who you talked to and when. keep that for your records. Or you could come up to sam. were the po po knows better..lol

Have they had more problems with injuries resulting from falling onto a rope or getting tangled in a rope that is too long for wakesurfing?

The friends I have in those areas have changed to the ropes with just knots in them no handels. they do not throw the rope in the boat but they do toss it to the other side of the wave. no one has had a problem yet but they do express ther concern for it when they get measured..

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I live on Lake Tapps and surf all the time WITH a Bonney Lake cop who is a very good friend on mine (who by the way lives on the lake as well and does own their own boat. Most city cops actually make pretty good money with OT). I was out very early all mornings last weekend for a few hours until all the tubers and jet skis destroyed the water. I did not see any cops on the lake then at all. They usually don't come out until the "tourists" hit the lake.

Not saying the one who pulled you over was in the right, but this was nicest weather on the 4th I can ever remember and the lake was packed with idiots. I am sure they were out just trying to control the insanity. Granted he misquoted the RCW, but I am sure they were just looking out for the safety of everyone as it was so crowded.

While on the topic of idiots and surfing this last weekend on the lake, I did see an idiot in an I/O with a really long swimstep pulling a surfer. I am sure these are the kinds of people they were really trying to keep safe.

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I live on Lake Tapps and surf all the time WITH a Bonney Lake cop who is a very good friend on mine (who by the way lives on the lake as well and does own their own boat. Most city cops actually make pretty good money with OT). I was out very early all mornings last weekend for a few hours until all the tubers and jet skis destroyed the water. I did not see any cops on the lake then at all. They usually don't come out until the "tourists" hit the lake.

Not saying the one who pulled you over was in the right, but this was nicest weather on the 4th I can ever remember and the lake was packed with idiots. I am sure they were out just trying to control the insanity. Granted he misquoted the RCW, but I am sure they were just looking out for the safety of everyone as it was so crowded.

While on the topic of idiots and surfing this last weekend on the lake, I did see an idiot in an I/O with a really long swimstep pulling a surfer. I am sure these are the kinds of people they were really trying to keep safe.

Good point....

We just don't need anymore heat(reason for them to stop us)! I've already printed the RCWs and will have them in the boat just in case. They've already stopped us for having swimmers in the water and told my that my flag buddy was not good enough(he was right on that law).

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So, I called Bonney Lake PD to talk to the head of the water unit and "inquire" about the law. Indeed the above code section is the only pertient law--there is no 15' rule. The head officer said keep enjoying wakesurfing and feel free to teach others. I reiterated several times that the office was very polite and we are pleased with their presence on the lake. So, all is well that ends well. I still plan to print out the above sections and keep it in the boat.

The pertinent boating regulations in Bonney Lake are:

1) Bonney Lake Municipal Code Chapter 16 (very short and nothing about teaking)

2) Pierce County Code Chapter 8.88

3) Revised Code of Washington (RCW) 79A.60

4) US Constitution (forbiding unlawful search & siezures without probable cause of violation of a rule) (I'm throwing this one in cause I'm lawyer--but I would never say this to an officer on the water :) that would be a recipe for war...)

Edited by Cory
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Interesting...

Criminal offense vs. Infraction still equals a fine either way you look at it so that shouldn't be a big deal. You know you're not going to jail for "teaking." The real issue is that so far that section above doesn't cover wakesurfing at all. I wonder if there is a different one that the officer was talking about. Pushing the issue with the officer will take some experienced verbal skills. I would approach the officer, thank him for looking out for your safety, and then ask for the section he was talking about. Re-iterate that you are not challenging him, but wish to pass on to interested friends, like on this forum, the specific law about wakesurfing in your state, so others can abide by the law. This may work, or it may just piss him off, especially if he figures out he is wrong and doesn't like being wrong pointed out to him. The lake officer has alot of power to ruin your day if you get on his wrong side, so its a bit of a gamble. No matter how robotic we expect them to be, the cops have emotions, some more than others Whistling.gif .

As for calling the police department directly, I'd ask for a supervisor to simply clarify the law, not to make a complaint. I REPEAT not to make a complaint! If you start bitching about the bad cop on the lake, the supervisor will group you into the 99% of other people who complain (i.e. people who screwed up in the first place, and the straight up crazies), and you won't get very much useful info.

Good luck and let us know how this worked out.

HUGE difference between "criminal offense" vs "infraction." One gives you a criminal record, the other just costs money. For me, a criminal record may lead to disbarrment and the loss of my profession. Of all the things the officer said on the lake that day, the words "criminal offense" was the single most important thing I heard. I immediately equated (teaching friends how to surf) = (risking my license to practise law in WA State). Fortunately, this is not the case. I remember pondering on Saturday how could WA pass a law with such a severe punishment that would ensnare something as innocent as teaching someone how to wakesurf.

FYI - the teaking law targets the driver of the boat, not the person hanging onto the swim platform.

Edited by Cory
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JeffS, when you gonna chime in. You got any thoughts?

I for one am glad the only time I've seen police on our lake is last year when they were searching for a body. Never did find it....

Edited by CrazyTegger
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So, a year ago shortly after we got the new boat we were also pulled over by the Bonney Lake PD boat for a different violation. I was crusing between 5-10 mph while my wife was suntanning on the sunpad. Again, the officer was very nice, but he indicated that it was not legal to be underway while someone was on the sundeck. At the time the rule sounded reasonable, so I didn't second guess it--until now...

The pertinent rule in Pierce County is:

8.88.165 Negligent Operation.

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.

Since I assume sundeck or sunpad could arguably qualify as the "seat back" and I probably was exceed 5 mph by a little, I guess I will give the officer this one. :unsure:

Edited by Cory
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So, a year ago shortly after we got the new boat we were also pulled over by the Bonney Lake PD boat for a different violation. I was crusing between 5-10 mph while my wife was suntanning on the sunpad. Again, the officer was very nice, but he indicated that it was not legal to be underway while someone was on the sundeck. At the time the rule sounded reasonable, so I didn't second guess it--until now...

The pertinent rule in Pierce County is:

8.88.165 Negligent Operation.

........

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

Since I assume sundeck or sunpad could arguably qualify as the "seat back" and I probably was exceed 5 mph by a little, I guess I will give the officer this one. :unsure:

Well officer, I went ahead and rammed them because it is against the law to swerve at the last second... :Doh:

Edited by TheBlackPearl
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So, a year ago shortly after we got the new boat we were also pulled over by the Bonney Lake PD boat for a different violation. I was crusing between 5-10 mph while my wife was suntanning on the sunpad. Again, the officer was very nice, but he indicated that it was not legal to be underway while someone was on the sundeck. At the time the rule sounded reasonable, so I didn't second guess it--until now...

The pertinent rule in Pierce County is:

8.88.165 Negligent Operation.

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.

Since I assume sundeck or sunpad could arguably qualify as the "seat back" and I probably was exceed 5 mph by a little, I guess I will give the officer this one. :unsure:

As much as I can't stand the BLPD, I think your going to lose this one. And not just in Bonney Lake, but anywhere in WA. There is a very clear difference between the sitting down on the seat & up on the sunpad in most boats. Clear enough that even a judge can see it.

One WA law that I just found out about is a mandatory 5 mph after dark. I know it's not terribly safe, but I never knew it was against the law to go 20 or 25 mph on the lake after dark, no matter how good you can see. And I've never heard of anyone ever getting a ticket for it either.

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