HomeMy WebLinkAboutord2004-042two- stroke ban ordinance of 7.14, adopted version
Proposed by: Fleetwood
Sponsored by:Caskev- Schreiber
Introduced: June 29, 2004
ORDINANCE NO. 2004 -042
ORDINANCE AMENDING WHATCOM COUNTY CODE 11.32, BOATING AND
SWIMMING, SPECIAL RESTRICTIONS
WHEREAS, pursuant to the Whatcom County Home Rule Charter, the
legislative power of Whatcom County is vested in the Whatcom County Council;
and
WHEREAS, the Whatcom County Council is elected to represent the
concerns of the citizens of Whatcom County and is charged with the broad
responsibility of protecting the health, safety and general welfare of the public;
and
WHEREAS, Lake Whatcom is the drinking water source for approximately
half the residents of Whatcom County; and
WHEREAS, the preservation and protection of drinking water is a top
priority of the Whatcom County Council; and
WHEREAS, City of Bellingham water monitoring has detected benzene at
the City's intake pipe; and
WHEREAS, the United States Environmental Protection Agency concludes
benzene at any level poses a risk to human health; and
WHEREAS, scientific studies have demonstrated negative impacts to
aquatic organisms from petroleum hydrocarbon pollution from boat engines in
lakes; and
WHEREAS, field and lab experiments have demonstrated that two -cycle
outboard engines have the largest percent of unburned fuel passing through the
engine and into water and are responsible for a disproportionate load of fuel
discharged into water bodies compared to other engine types; and
WHEREAS, the County, the City, and Water District #10 have agreed to
work cooperatively to manage and protect the Lake Whatcom water supply under
the auspices of the Joint Lake Whatcom Management Committee; and
WHEREAS, scientific studies have demonstrated the negative impacts of
two - stroke engines on water quality and purity; and
WHEREAS, the Lake Whatcom Motorized Watercraft Advisory Committee
found that motorized watercraft with carbureted two - stroke engines have highly
negative impacts, depositing 25 -30% of unburned fuel directly into the water;
and
WHEREAS, the Environmental Protection Agency has adopted a schedule
that would result in the eventual phase out of two - stroke engines that emit a
large percentage of unburned fuel; and
WHEREAS, the Lake Whatcom Motorized Watercraft Advisory Committee
recommended the phasing out of carbureted two - stroke engines; and
WHEREAS, the Joint Lake Whatcom Management Committee has similarly
adopted this reasoning and recommended the phase out of the carbureted two -
stroke engines.
NOW THEREFORE, BE IT ORDAINED by the Whatcom County Council that
the use of two - stroke motorized watercraft that do not meet the U.S. EPA 2006
emission standards for two - stroke engines, as specified in Title 40, Code of
Federal Regulations Part 91, on Lake Whatcom shall be banned as indicated in
Exhibit A to this ordinance and shall be incorporated by reference.
ADOPTED this 20th day of July , 2004.
ATTEST qN "O "O "'n„ WHATCOM COUNTY COUNCIL
OM COUNV WASHINGTON
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Dam wn� y , et 4the Council Dan -McShane, Council Chair
STATE OF
shl (p.
( Apgg ved ( ) Denied
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Prosecutor Pet remen, County Executive
Date: 1164'Oy
EXHIBIT A
(AMENDING WCC 11.32, BOATING AND SWIMMING)
CHAPTER 11.32
BOATING AND SWIMMING, SPECIAL RESTRICTIONS
Sections:
11.32.010 Lake Whatcom.
11.32.020 Lake Samish.
11.32.030 Silver Lake.
11.32.040 Birch Bay.
11.32 -.050 Cain Lake.
11.32.060 Reed Lake.
11.32.070 Wiser Lake.
11.32.090 Exceptions.
11.32.095 Severability.
11.32.010 Lake Whatcom.
The following restrictions shall apply on Lake Whatcom:
A. Water skiing is permitted only in a counterclockwise direction.
B. Maximum speed of vessels shall be 40 miles per hour, except for
vessels taking part in a boating event authorized by sheriff's permit, and
except for seaplanes using normal procedures during periods of takeoff
or landing.
C. Waters adjacent to Morning Beach Park Sudden Valley shall be
restricted to swimming only.
D. The water adjacent to Afternoon Beach Park is restricted to no
public access on the west sWe'of aline that extends northerly from Point
A of a point on the easterly line of Parcel A to Point B as shown on Exhibit
"A" attached, to the ordinance codified in subsections C and D of this
section, and. swimming and nonpower boats on the east side of said line.
Sudden Valley Community Association is authorized to cordon off the
specific areas of Lake Whatcom to accomplish the purpose of subsection
C and D of this section. (Ord. 90 -83 (part)).
E. The operation of all two- stroke engine powered watercraft on Lake
Whatcom is hereafter prohibited, effective January 1, 2009, except as follows:
1. Watercraft powered by a two - stroke powered engine whose engine is
certified and labeled as meeting the 2006 or later model year United
States Environmental Protection Agency (EPA) emissions standards, as
specified in Title 40, Code of Federal Regulations, Part 91; or
2. Effective only until January 1, 2013, all carbureted two - stroke
auxilary sailboat engines; or
3. Effective only until January 1, 2013, all carbureted two- stroke
engines of 10 horse power or less; or
4. Effective only until January 1, 2013, all electronic fuel injected (EFI) two-
stroke engines originally purchased before August 2004; or
5. Effective only until January 1, 2013, watercraft powered by a two -stroke
powered engine whose engine is certified and labeled as meeting the
United States Environmental Protection Agency (EPA) 2001 emmissions
standards, including Rotax fuel injected (RFI) two - stroke engines.
11.32.020 Lake Samish.
Speed shall be restricted to idling and /or no wake under county bridge
No. 107 (bridge located south of, and adjacent to, Lake Samish Park).
(Ord. 90 -83 (part)).
11.32.030 Silver Lake.
The following restrictions shall apply on Silver Lake:
A. Water skiing is permitted only in a counterclockwise direction.
B. An official buoyline may be established cooperatively between the
Whatcom County sheriff's department, Whatcom County park department
and representatives from the Silver Lake Property Owners' Association;
speed limits between the buoyline and the shoreline shall be idling or no
wake.
C. For the entire area of Silver Lake the idling speed or no wake
provision shall be in farce at all hours from the official opening day of
fishing season until May 20th of each year; thereafter, until June 30th,
the no wake restriction shall be in force in the mornings before 10:00
a.m. and in the evenings after 7:00 p.m. Use of motorized vessels with
more than 10 horsepower is prohibited. (Ord. 90 -83 (part)).
11.32.040 Birch Bay.
It is unlawful for any person to water ski within 600 feet of the
shoreline of all Birch Bay waters. (Ord. 90 -83 (part)).
11.32.050 Cain Lake.
The following restrictions shall apply on Cain Lake:
A. Operation of boats and other conveyances having non - electric
motors is prohibited on Cain Lake.
B. Speed shall be restricted to idling and /or no wake at all times. (Ord.
94 -019; Ord. 90 -83 (part)).
11.32.060 Reed Lake.
Only all- electric motors and /or manually powered boats are permitted
to operate on Reed Lake. (Ord. 90 -83 (part)).
11.32.070 Wiser Lake.
The following restrictions shall apply on Wiser Lake:
A. Speed is restricted to idling and /or no wake at all times from 8:00
p.m. to 12:00 noon the following day.
B. Water skiing is permitted from 12:00 noon to 8:00 p.m.
C. Speed is restricted to idling and /or no wake at all times west of the
Guide Meridian from March 1st to October 15th.
D. Use of motorized vessels is prohibited upon the waters of Wiser
Lake from October 15th to March 1st.
E. No water skiing is permitted from the public access dock.
F. Water skiing is permitted up to a maximum of six ski boats at any
one time traveling in a counterclockwise direction.
G. Water skiing is permitted only in a counterclockwise direction. (Ord.
90 -83 (part)).
11.32.090 Exceptions.
No restrictions contained in this chapter shall be deemed to apply to
persons or vessels engaged in emergency operations necessary to save
life or property or in the performance of wildlife management activities
undertaken by either county or state governmental agencies or their
designees. (Ord. 2002 -008; Ord. 94 -019).
11.32.095 Severability.
If any provision of this chapter is held to be invalid, all other provisions
shall remain in effect. (Ord. 94 -019).