HomeMy WebLinkAboutord2004-036FVHATCOM COUNTY COUNCIL AGENDA BILL NO.. 2004 -224
CLEARANCES
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Date
Date Received in Council Qqhre
Agenda Dare
Assigned to:
Stu Smolensk sm SwRWShM sDe aromon
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6/1/04
Introduction
Mvivon Read:
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6/15/04
Hearing
Dept Head:
Prosecutor
Karen N. Fmtvs
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SUBJECT: Ordinance Amending Whatcom County Code Title 11, The Boating and Swimming Ordinance
ATTACHMENTS:
SEPA review required? ( ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO
Should Clerk schedule a hearing? ( ) Yes ( ) NO
Requested Date:
SUMMARY STATEMENT:
Amendments needed to Title 11 of the Whatcom County Code —The
Boating and Swimming Ordinance. These changes resolve an
inconsistency in the code and correct an erroneous reference to
State law.
Distribution Request
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2004 -224 6/1/2004'. Introduced
6/15/2004: Adopted 5 -0, Roy, Nelson absent, Ord. #2004 -03n
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Sheri
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Ordinance or Resole
(this item): �D
bn Number
2COf ~D310
SPONSORED BY: Consent
PROPOSED BY: Sheriff
INTRODUCTION DATE: 6/1/04
ORDINANCE NO. 2004 -036
ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 11 THE BOATING
AND SWIMMING ORDINANCE
WHEREAS, Whatcom County has a boating and swimming ordinance codified in
Title 11 of the Whatcom County Code (WCC);
WHEREAS, the language in WCC 11.16.030(A)(2) Is currently inconsistent with
the language in WCC 11.20.010(C);
WHEREAS, WCC 11.16.030(A)(2) needs to be amended to correct this
inconsistency in order to allow proper enforcement of the code;
WHEREAS, when WCC 11.48.020 was amended in Ordinance No. 2000 -34, it
incorrectly referred to RCW 7.70.120 instead of RCW 7.80.120;
WHEREAS, WCC 11.48.020 needs to be amended to referto the proper provision
in state law;
WHEREAS, said amendments to Title 11 of the Whatcom County Code are
necessary to protect the health, safety, and welfare of the community;
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
1. WCC 11.16.030 and WCC 11.48.020 shall be amended as shown in
the attached Exhibit A.
2. Adjudication of invalidity of any sections, clauses, or provisions of this
ordinance shall not effect or impair the validity of this ordinance as a
whole or any part thereof other than the part that is declared invalid.
ADOPTED this 15 day of June , 2004.
Page 1
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Dar% Broke ; Cle`! of the Council
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APPROVED AS TO FORM:
Civil Deputy Prosecutor
MGM
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dan McShane, Council Chair
( Approved () Denied
Pete Kremen, County Executive
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Date
EXHIBIT A
11.16.30 Speed Regulations
A. Speed Limits. No vessel shall exceed the following speeds, except
as provided in Chapter 11.36 WCC:
1. Within 100 feet of a swimmer, six miles per hour;
2. Within 150 feet from share docks, floats, or the shoreline on
every lake except Lake Whatcom where the distance shall be 300
feet from docks, floats, or the shoreline (except when necessary for
a safe take off as defined in WCC 11.20.020(C)), six miles per
hour;
3. Within 100 feet of any vessel not propelled by a motor, six
miles per hour;
4. One -half hour after sunset to one -half hour before sunrise,
eight miles per hour;
5. During daylight hours in unrestricted areas, 40 miles per hour;
6. Within 300 feet of any public boat launch, six miles per hour;
7. Within South Bay Lake Whatcom south of a line
approximately as defined as extending from 48° 40'48" N, 122°
18'49" W to 48° 40'43" N, 1220 18'36", shall be designated as a
"no-wake" zone.
B. Due Care and Caution Required. Compliance with the speed
regulations contained herein shall not relieve the operator of any
vessel from the further exercise of due care and caution as
circumstances shall require.
11.48.20 Designated
With the exception of Chapter 11.04 WCC, any persen who is
amended; except those offenses described in WCC 11.28.010 and
11.28.020 shall be classified and punishable by imprisonment in the
county jail for a maximum term of six months or a fine of not more than
$1,000 or by both such imprisonment and fine. (Ord. 2000 -034; Ord. 90 -83
(part)).