HomeMy WebLinkAboutord2013-018 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013 - 145
CLEARANCES Initial Date Date Received in Council Agenda Date Assigned to:
Office
Originator: G$1 �,°qJJ J U E C i 0 ' Q D 4 / 9 / 13 Intro
Division Head: �
31;th J u l`� v 4 / 23 / 13 2N • R / Hearing
Dept. Head: ' ♦ 3/�g /R APR 0 2 2013
Prosecutor: A 03/413 WHATCOM COUNTY
Purchasing/Budget: C O U N C IL
Executive: �_ ' �l )13
TITLE OF DOCUMENT:• 401
Ordinance revising Whatcom County Code 2 .27A, Aquatic Invasive Species
ATTACHMENTS:
I . Cover memo
2. Ordinance amending Whatcom County Code Chapter 2.27A, Aquatic Invasive Species
SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing ?( ) Yes ( X ) 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.)
This revision to the ordinance expands the AIS prevention program to include mandatory inspections of
watercraft prior to launching at Lake Whatcom and Lake Samish in 2013 , and at all Whatcom County
water bodies starting in 2015 .
COMMITTEE ACTION.• COUNCIL ACTION.•
4 / 23 / 2013 : Discussed 4 / 09 / 2013 : Introduced
4 / 23 / 2013 : Council Adopted 5 - 1 , Brenner
opposed , Kremen absent
Ord . 2013-018
Related County Contract #: Related File Numbers: Ordinance or Resolution
Number: Ord . 2013-018
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: Consent
PROPOSED BY: Public Works
INTRODUCTION DATE : April 9, 2013
ORDINANCE NO. 2013-018
AMENDING WHATCOM COUNTY CODE CHAPTER 2 . 27A TO PREVENT THE RELEASE
AND SPREAD OF AQUATIC INVASIVE SPECIES.
WHEREAS, the 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 .
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NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that
Whatcom County Code 2 . 27A is hereby deleted in its entirety and replaced with the
following , ado tayiipsset forth in Exhibit A, attached hereto .
q 4"E itiQ'- JJ',�'oi day of April 2013 .
•� +. • • NATC0. • . sue:
ATTE$TJ�J Np °. N WHATCOM COUNTY COUNCIL
• . O GOV . - WHATCOM COUNTY, WASHINGTON
C1átiH
Dana E wn• Datl t� ptk of tl4'e Council Kat y Kershner, Co ncil Chair
.,•
iilisimittO
APPROVED AS TO FORM : WHATCOM COUNTY EXECUTIVE
beyyfretice. hAetromi
WHATCO0 bUN , WASHINGTON
Civil Deputy Prosecutor Jack Louw - , Count Executive
( , Appro ; ed ( ) Denied
Date Signed : ' 2- 1 0
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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 section , 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 County Noxious Weed Coordinator or his or her designee, to enforce
the prohibitions set forth in this section .
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 chord 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 vessel requiring 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 . 27A. 020 Prohibitions
The following activities are prohibited :
A . The transport or release of Aquatic Invasive Species into a Public Water Body .
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B . Launching , operating or keeping on a Public Water Body a Watercraft that has
not submitted to Inspection and decontamination as required by this section .
C . Launching , operating or keeping a Watercraft on a Public Water Body without
a current AIS Permit as required by WCC 2 . 27A . 070 , below .
2 . 27A- 030 Inspection and Decontamination .
A . Inspections shall be required of:
i . Effective April 27 , 2013 , all Watercraft prior to its first launch onto Lake
Whatcom or Lake Samish in each calendar year;
ii . Effective April 27 , 2013 , 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 . Effective April 25 , 2015 , all Watercraft prior to its first launch onto a Public
Water Body in each calendar year;
iv . Effective April 25 , 2015 , all Watercraft prior to its first launch onto a Public
Water Body after it has entered any fresh water body located outside
Whatcom County, Washington ; and
v . 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 section , 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 .
H . 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 .
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 section shall be marked by
signs and staffed by one or more Authorized Inspectors . AIS check
stations authorized by this section 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
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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 section ; provided , if
any Watercraft owner or operator refuses to stop and consent to
Inspection at an AIS check station authorized by this section , then said
owner or operator shall not launch his or her Watercraft from said location
and shall be in violation of this section 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 section for possessing or transporting Aquatic Invasive Species .
2. 27A1050 AIS Permits and Fees
A . Every Watercraft requiring inspection under this Chapter shall be affixed with
an AIS Permit issued by Whatcom County or the City of Bellingham prior to launching
or 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 shall be established in
the Whatcom County Unified Fee Schedule .
D . AIS Permits shall be available as follows :
I . Annual Sticker. Each Annual Sticker shall be effective during the calendar
year in which it is issued . A receipt evidencing payment of the Annual Sticker
fee shall entitle the holder to unlimited Inspections and Inspection Seal
installation services for the Watercraft to which the Annual Sticker is affixed .
H . Day Pass . Each Day Pass shall be effective only on the date it is issued . A
receipt evidencing payment of the Day Pass fee shall entitle the holder to one
Inspection of the Watercraft to which the Day Pass is affixed .
E . 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 .
F . A Watercraft shall be deemed to be in compliance with the inspection and
permitting requirements of this section 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 .
G . The fees authorized by this section are intended to offset the cost to Whatcom
County of implementing this section 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 .
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H . The Public Works Department is directed to develop an expedited inspection
and permitting program for residents of unincorporated Whatcom County for
consideration by the Whatcom County Council prior to April 1 , 2015 .
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 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 section 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 section 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 section shall be issued and processed in accordance with
Chapter 7 . 80 RCW, except as otherwise provided in this section . Each party to a civil
infraction case shall bear its own attorney's fees, witness fees and costs .
B . Any individual who violates this section may be held responsible for the costs
expended by the 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 section 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 section .
E . Fines collected as a result of violating this section 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 code section 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 section 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 .
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