HomeMy WebLinkAboutord2014-014 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014-075
....................
CLEARANCES Initial Date Date Received in Council Agenda Date Assigned to:
Office
GSS 01/31/14 02/11/14 Natural
Originator: it� I I_E C E O V C : Resources
fl
Division Head: 2/11/14 Intro
Dept.Head: Atf- FEB 0 4 2014 2/25/14 Council
Prosecutor: 02bc 14 WHATCOM COUNTY
Purchasing/Budget: 9 COUNCIL
02 f' IIi
Executive: ,
TITLE OF DOCUMENT:
Introduction and discussion of proposed modifications to the Aquatic Invasive Species (AIS) Ordinance
WCC 2.27A.
ATTACHMENTS:
Draft code will be distributed at the meeting.
SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing?(x ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing,
you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining the intent of the action.)
Public Works staff will introduce for discussion proposed changes to the aquatic invasive species
ordinance (WCC 2.27A).
COMMITTEE ACTION: COUNCIL ACTION:
2/11/2014: Discussed. Public Works staff will 2/11/2014: Introduced
bring forward to committee more financial 2/25/2014: Council Adopted Substitute
information on this item. version 5-0, Kremen and Weimer absent
Ord. 2014-014
Related County Contract#: Related File Numbers: Ordinance or Resolution
AB2013-145; AB2013-145A Number:Ord. 2014-014
1482013-146; 14B2013-146A
Please Note: Once adopted and signed,ordinances and resolutions are available for viewing and printing on the County's
website at: www.co.whatcom.wa.us/council.
SPONSORED BY:
PROPOSED BY: Public Works
INTRODUCTION DATE: 2/11/2014
ORDINANCE NO. 2014-014
AMENDING WHATCOM COUNTY CODE CHAPTER 2.27A TO PREVENT THE RELEASE AND
SPREAD OF AQUATIC INVASIVE SPECIES.
WHEREAS, Whatcom County has authority under Washington State law to protect the health, safety,
and general welfare of the public, to regulate and protect waters within its jurisdiction, and to control the
transport and release of Aquatic Invasive Species,
WHEREAS, Lake Whatcom and Lake Samish are the drinking water sources for approximately half of
the residents of Whatcom County and the vast majority of the City of Bellingham residents; and
WHEREAS, Whatcom County has adopted goals and policies to protect Lake Whatcom, Lake Samish
and other freshwater lakes and streams; and
WHEREAS,Aquatic Invasive Species pose a serious threat to the waters of Whatcom County and can
have severe impacts to ecology, water quality, water supply infrastructure, and recreational use; and
WHEREAS, watercraft transported from water bodies with Aquatic Invasive Species to uninfested
waters are the principal cause of new infestations; and
WHEREAS,prevention programs that include education, screening, and watercraft inspection are
effective in preventing the spread of Aquatic Invasive Species to uninfested water bodies; and
WHEREAS, an Aquatic Invasive Species prevention program is necessary to reduce the risk of Aquatic
Invasive Species infestation and related impacts at Lake Whatcom and other waters of Whatcom County; and
WHEREAS, Whatcom County has authority under RCW 36.32.120 and Washington State law
generally to regulate and protect its water supply and other waters within its jurisdiction; and
WHEREAS, Whatcom County adopted Ordinance 2012-034 in September 25, 2012, codified at WCC
Chapter 2.27A, to prevent the release and spread of Aquatic Invasive Species into waters of Whatcom County;
and
WHEREAS, it is in the best interests of Whatcom County to amend WCC Chapter 2.27A to further
define and enhance its Aquatic Invasive Species detection and prevention program, including the adoption of
mandatory inspection and permitting requirements for watercraft in Whatcom County;
1
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom
County Code 2.27A is hereby amended as set forth in Exhibit A, attached hereto.
Ir
A I4,)th day of February 2014.
ATT� .•1a NT C Q4. � `. WHATCOM COUNTY COUNCIL
..•4. :V�0 WHATCO CO . ,WASHI GTON
- 0,...;• . _. . 1 , _
Danahrowt rYiVils0,lark of the Council Carl miner, Council Chair
/,IIIIIIIIIIIti�,��
APPROVED AS TO FORM. WHATCOM COUNTY -.XECUTIVE
WHATCOM C i , WASHINGTON
•
ivil Deputy Prosecutor Jack Louws, owlty Ex 'uttive
c`1pprov ri Denied
Date Signed: -).------6 . a-7r �0p7t
2
Exhibit A
WCC Chapter 2.27A
Aquatic Invasive Species
2.27A.010 Definitions
For the purpose of this chapter, the following definitions shall apply:
A. "Authorized Inspector" means a person who has received the necessary training approved by
Whatcom County to inspect Watercraft to detect the presence of Aquatic Invasive Species.
B. "Aquatic Invasive Species" and "AIS" shall mean and include those species classified in
Washington Administrative Code (WAC) 220-12-090 as "prohibited aquatic animal species", and those
plant species listed in WAC 16-752-400-415; 505; and 610. For purposes of this chapter, WAC 220-12-
090 and WAC 16-752-400-415; 505; and 610, as presently constituted or as hereinafter amended, are
adopted and incorporated herein by reference.
C. "Enforcement Officer" includes any peace officer with jurisdiction in Whatcom County, and the
Whatcom County Noxious Weed Coordinator or his or her designee, to enforce the prohibitions set forth
in this chapter.
D. "Inspection"means an inspection of a Watercraft or other vessel conducted by an Authorized
Inspector for the purpose of detecting Aquatic Invasive Species and preventing their transport and
release into any Public Water Body. Inspections may consist of questioning as well as a visual and
tactile search of the exterior and interior of the Watercraft or other vessel, including but not limited to
the hull, trailer, motor, propeller, bilge pump, compartments, bait well, ballast tank, bladder, and all
areas of standing water.
E. "Inspection Seal" means a cord or tether installed by an Authorized Inspector in a manner that
connects a Watercraft to its trailer for the purpose of indicating that the Watercraft has passed
Inspection, has not entered a water body since passing Inspection, and, therefore, may launch without
further Inspection so long as the Inspection Seal is intact at the time of launch.
F. "Launch"means any act that places or attempts to place a Watercraft into a Public Water Body.
G. "Public Water Body" shall mean Lake Whatcom, Lake Samish, Baker Lake, Tennant Lake, Lake
Terrell, Wiser Lake, Silver Lake, Toad Lake, Squalicum Lake, Reed Lake, Cain Lake and all other
freshwater lakes and streams in unincorporated areas of Whatcom County where Watercraft have access.
H. "Watercraft" shall mean any type of vessel, boat, or craft capable of being used as a means of
transportation on water, including but not limited to motor boats, barges, sail boats, row boats, kayaks,
canoes, barges, and all associated equipment, including trailers, that routinely or reasonably could be
expected to contain or come into contact with water. The term "Watercraft" specifically excludes the
3
following: surf boards, paddle boards, and kite boards; and inflatables that are 10 feet or less in length.
"Watercraft" shall consist of the following categories:
(1) "Class A Watercraft" shall mean any vessel that has a motorized propulsion system or requires
registration by the State of Washington Department of Licensing under RCW 88.02 and WAC 308-93-
030 and any vessel registered under the laws of a state other than Washington State or a country other
than the United States.
(2) "Class B Watercraft" shall mean any vessel that does not have a motorized propulsion system and
does not require registration by the State of Washington Department of Licensing under RCW 88.02 and
WAC 308-93-030.
2.27A.020 Prohibitions
The following activities are prohibited:
A. The transport or release of Aquatic Invasive Species into a Public Water Body.
B. Launching, operating or keeping on a Public Water Body a Watercraft that has not submitted to
Inspection and decontamination as required by this chapter.
C. Launching, operating or keeping on a Public Water Body a Watercraft without a current AIS
Permit as required by WCC 2.27A.050, below.
2.27A.030 Inspection and Decontamination.
A. Inspections shall be required of:
i. All Watercraft prior to its first launch onto Lake Whatcom or Lake Samish in each calendar
year; and
ii. All Watercraft prior to its first launch onto Lake Whatcom or Lake Samish after it has
entered any fresh water body located outside Whatcom County, Washington; and
iii. All Watercraft prior to each and every launch onto a Public Water Body from a public access
point for which an AIS check station is operating under this chapter, except Watercraft
bearing an intact Inspection Seal.
B. Exemptions
Watercraft inspections and the associated fees shall not be required for:
i. Law enforcement and emergency response watercraft.
ii. Watercraft involved in search and rescue operations or training.
C. Inspection and Decontamination Services
i. Whatcom County may establish and operate AIS check stations at public access points to
Public Water Bodies.
4
ii. Whatcom County may, upon request by an owner or operator of a Watercraft, conduct an
Inspection on private property owned by the Watercraft owner or operator.
iii. All AIS check stations operating under this chapter shall be marked by signs and staffed by
one or more Authorized Inspectors. AIS check stations authorized by this chapter shall be
subject to hours of operation and other program requirements established by the Director of
Public Works or his designee.
iv. If, upon Inspection, an Authorized Inspector determines that a Watercraft is not contaminated
with Aquatic Invasive Species, then said Watercraft shall be permitted to launch, subject to
payment of fees authorized in Section .050 of this Chapter.
v. If, upon Inspection, an Authorized Inspector reasonably suspects that a Watercraft or any
other vessel is contaminated with Aquatic Invasive Species, the Authorized Inspector may
decontaminate the Watercraft on site or direct the Watercraft owner or operator to a
decontamination station where the Watercraft will undergo a decontamination process.
Following decontamination, the Watercraft owner or operator shall not launch the Watercraft
onto a Public Water Body until the Watercraft has been re-inspected and approved for launch
by an Authorized Inspector.
vi. A Watercraft owner or operator may refuse to stop and consent to Inspection at any AIS
check station authorized by this chapter; provided, if any Watercraft owner or operator
refuses to stop and consent to Inspection at an AIS check station authorized by this chapter,
then said owner or operator shall not launch his or her Watercraft from said location and shall
be in violation of this chapter if he or she nevertheless attempts to do so.
2.27A.040 Safe Harbor
Any person who voluntarily stops and consents to Inspection at an AIS check station or other Inspection station
and cooperates in the decontamination process shall not be subject to penalties under this chapter for possessing
or transporting Aquatic Invasive Species.
2.27A.050 AIS Permits and Fees
A. Every Watercraft subject to the inspection requirements of this Chapter shall visibly display a
valid AIS Permit issued by Whatcom County or the City of Bellingham prior to launching and while
operating on Public Water Bodies.
B. AIS Permits shall be issued upon passage of Inspection and payment of the applicable fee.
C. The fee for inspection and decontamination services for Class A and Class B Watercraft shall be
established in the Whatcom County Unified Fee Schedule.
D. AIS Permits shall be available as follows:
5
i. Annual Sticker. Each Annual Sticker shall be effective during the calendar year in which it is
issued and shall entitle the holder to unlimited Inspections and Inspection Seal installation
services for the Watercraft to which the Annual Sticker is affixed.
ii. Class A 3-Day Pass. Each 3-day Pass shall entitle the holder to unlimited inspections and
sealing services for the duration of the period specified on the pass.
iii. Special Event Passes. Special event passes may be issued for fishing tournaments, sailing and
rowing regattas, and other group events approved by the director of public works or his designee
upon the event sponsor's execution of a Special Event Agreement with Whatcom County or the
City of Bellingham in a form approved by the director of public works. Special event passes
shall entitle each event participant to inspection and sealing services for the duration of the event,
subject to the terms and conditions of the Special Event Agreement.
iv. Annual Watercraft Business Permit. Watercraft business permits may be issued to person or
entities who are in the business of providing watercraft services (including transport,
maintenance, repair, storage or other similar activities) upon execution of a Cooperative
Agreement with Whatcom County or City of Bellingham in a form approved by the director of
public works. Watercraft business permits shall be effective during the calendar year in which
they are issued and shall entitle the permit holder to expedited inspection services and issuance
of AIS Annual Stickers for watercraft within the company's possession or control, all subject to
the terms and conditions of the Cooperative Agreement.
E. An on-line AIS Awareness Course shall be developed and made available to the public. Persons
successfully completing the on-line course shall, upon providing verification of their successful
completion to the Authorized Inspector, be entitled to the reduced AIS Awareness fee schedule for AIS
inspections for each boat that they own. The AIS Awareness fee schedule shall be established in the
Whatcom County Unified Fee Schedule.
F. AIS Permits are nontransferable and shall apply to a single Watercraft. AIS Permits shall be
affixed to the Watercraft as directed by the Authorized Inspector in a visible location located above the
waterline.
G. A Watercraft shall be deemed to be in compliance with the inspection and permitting
requirements of this chapter if his or her Watercraft is currently in compliance with an Aquatic Invasive
Species inspection and permitting program adopted by the City of Bellingham, Washington.
H. The fees authorized by this chapter are intended to offset the cost to Whatcom County of
implementing this chapter for the purpose of detecting and preventing the spread of Aquatic Invasive
Species and are not intended to be, nor shall they be construed to be, charges imposed upon access to
Public Water Bodies for the purpose of outdoor recreation. Fees shall be evaluated annually to ensure
they are sufficient for program needs.
2.27A.060 Cooperative Agreements.
Whatcom County may enter into cooperative agreements with persons and entities, including but not limited to,
homeowner's associations, condominium associations, civic groups and governmental entities, to adopt and
6
execute plans, which may be implemented inside or outside Whatcom County, to detect and prevent the
transport and release of Aquatic Invasive Species in Public Water Bodies.
2.27A.070 Penalties
A. Any person violating this chapter shall have committed a civil infraction, and shall be punished
by a fine not to exceed $1,000 for each violation. Each violation of this chapter shall be a separate
infraction, and in the case of a continuing violation, each day's continuance shall be deemed to be a
separate and distinct infraction. Civil infractions under this chapter shall be issued and processed in
accordance with Chapter 7.80 RCW, except as otherwise provided in this chapter. Each party to a civil
infraction case shall bear its own attorney's fees, witness fees and costs.
B. Any individual who violates this chapter may be held responsible for the costs expended by
Whatcom County or its designee for response and mitigation of impacts.
C. Payment of any civil penalty herein shall not relieve any individual from the responsibility of
correcting the violations as found by the Enforcement Officer.
D. Any person found not in compliance with this chapter is subject to citation, shall be escorted off
the Public Water Body, and shall be subject to any other legal action as deemed necessary by the
Enforcement Officer including but not limited to detaining said person and Watercraft until inspected
and decontaminated as required under this chapter.
E. Fines collected as a result of violating this chapter that are not otherwise encumbered, shall be
used to fund the Whatcom County Aquatic Invasive Species Management and Prevention Program.
2.27A.080 Applicability
The provisions of this chapter shall apply in addition to the provisions of any other code provision or ordinance.
Where there is a conflict, the more restrictive provision shall apply. The provisions of this chapter are in
addition to those provisions regulating Aquatic Invasive Species as contained in Washington State law.
2.27A.090 Severability.
If any section, provision, or portion of this chapter shall be determined to be invalid, the remainder of the
chapter shall not for that reason be rendered ineffective or invalid.
7