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The following words and phrases as used in this chapter, unless the context clearly indicates otherwise, shall have the following meanings:

(1) “Darkness” means that period between sunset and sunrise.

(2) “Infraction” in this chapter means an offense which, by terms of RCW Titles 75, 76, 77 or 79 or Chapters 43.30, 43.51, or 88.12 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.

(3) “Muffler” and “muffler system” means a sound suppression device system, including underwater exhaust system, designed and installed to abate the sound of exhaust gases emitted from an internal combustion engine and that prevents excessive or unusual noise.

(4) “Observer” means the individual riding in a vessel who is responsible for observing a water skier at all times.

(5) “Operator” means an individual who steers, directs, or otherwise has physical control of a vessel that is under way, or exercises actual authority to control the person at the helm.

(6) “Person” means any individual, firm, corporation, copartnership, company, association, or joint stock association, including any trustee, administrator, executor, receiver, assignee or other personal representative thereof.

(7) “Personal flotation device” means a buoyancy device, life preserver, buoyant vest, ring buoy, or buoy cushion that is designed to float a person in the water and is approved by the Washington State Parks and Recreation Commission.

(8) “Personal watercraft” means a vessel less than sixteen (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 means of sitting or standing inside the vessel.

(9) “Reckless” or “recklessly” means acting carelessly and heedlessly in a willful and wanton disregard of the rights, safety or property of another.

(10) “Under way” means that a vessel is not at anchor, or made fast to the shore, or aground.

(11) “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, and small rafts or flotation devices or toys customarily used by swimmers.

(12) “Water skiing” means the physical act of being towed behind a vessel on, but not limited to, any skis, aquaplane, kneeboard, tube or other similar device.

(13) “Waters of the County” means any waters within the territorial limits of Clallam County.

(14) “Waterway marker” means any device designed to be placed in or near water to convey a message to a vessel operator, including signs, bells and buoys.