Loading...
HomeMy WebLinkAboutord2003-002WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2003 -041 CLEARANCES Tel it I Date Date Received in Council Ojfice Agenda Date Assl nedta: Originator: Paula Cooper, PC ��- f gp ,Jg _ 1114103 Introduction Division Heads Paula J. Cooper, P.E. Y -�C 3�0 1128103 Council Hearing Dept. Head: Je Monsen,P.£. Prosecutor Daniel Gibson �/ Purchawing/Budger: 1 Executive: SUBJECT: Ordinance to prohibit the use of unauthorized vehicles on Nooksack River levees ATTACHMENTS: Memorandum from Jeff Monsen Ordinance Making it a Class I Civil Infraction, and a Misdemeanor upon the Third Violation, to Operate or Ride Motorized Vehicles upon Dikes and Levees along the Nooksack River without Authorization SEPA review required? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( X )Yes,( ) NO Requested Date: 1128103 SUMMARY STATEMENT .• The proposed ordinance will prohibit the use of unauthorized motorized vehicles on levees. The ordinance has been proposed b the Flood Control Zone District P P Y Advisory Committee in response to a recent increase in damage to levees caused by motorized vehicles. Distribution Request hedicate those who should receive a copy after Council action' List spec/;c names to the rigor. ADS Facilities Management ADS F/nance -ADS Human Resources ADS into Services Assessor Auditor Cooperative Cetmomer District Court Exalth Hea /th Hearing Examiner Jail COUNCIL ACTION TAKEN: 2003 -41 1114/2003. introduced 112812003'. Adopted J -0, Ord. #2003 -002 Related File Numbers: Juvenile Parks Planning Prosecutor Public Works Sheri Superior Coun Treasurer Other Ordinance or Resolun' Number �/'� (this item): DQ � %0n -W� SPONSORED BY: Public Works PROPOSED BY: FCZDAC INTRODUCTION DATE: 1/14/03 ORDINANCE NO. 2003 -002 MAKING IT A CLASS 1 CIVIL INFRACTION, AND A MISDEMEANOR UPON THE THIRD VIOLATION, TO OPERATE OR RIDE MOTORIZED VEHICLES UPON DIKES AND LEVEES ALONG THE NOOKSACK RIVER WITHOUT AUTHORIZATION WHEREAS, the Nooksack River flows from the Cascade Mountain range to Bellingham Bay; and WHEREAS, in its relatively short course, it drains a large area and large volume of water in the foothills of the Cascades to the north, west, and south of Mt. Baker; and WHEREAS, in its course from mountains to sea, the river drops fairly rapidly in elevation, resulting in water moving at high velocity, especially during high water events; and WHEREAS, seasonal storms, particularly in late fall and winter, produce large amounts of precipitation through rainfall and snowmelt that tax or exceed the capacity of the river channel to transport the water without flooding; and WHEREAS, the river channel follows a course through productive agricultural lands that form a major portion of the physical basis for the county's agricultural economy which is a critical component of the overall economy of the county; and WHEREAS, during the history of settlement and cultivation of the Nooksack River valley, structures in the form of dikes and levees have been built in and adjacent to the river for the purposes of reducing flooding and associated flood damage, as well as controlling the points of overflow; and WHEREAS, these dikes and levees protect not only farm land but also protect human and animal life, residences, farm buildings, businesses, county and state roads and bridges, railways, other public facilities such as schools, libraries, sewage treatment plants, and fire halls, and transmission facilities for electricity and gas; and WHEREAS, major investments of time, money, and materials, both public and private, have been made to build, improve, and maintain these dikes and levees; and WHEREAS, these structures are comprised of materials that are susceptible to erosion {M from human activity as well as natural forces; and WHEREAS, the results of activities conducted by humans are particularly damaging when motorized vehicles are used for recreational purposes upon these structures; and WHEREAS, the areas of erosion and other structural damage caused by these activities render the protective structures particularly vulnerable to further erosion or avulsion from high water in the river during flooding or near -flood events; and WHEREAS, avulsion or further erosion of dikes and levees resulting from such damage can easily cost both the public and the private sector millions of dollars in repair or replacement costs, as well as lost wages and lost income from reduced production; and WHEREAS, these costs dwarf the benefit derived from the transitory pleasure associated with motorized recreational activity upon such dikes and levees; and WHEREAS, those who engage in such activity may have little or no awareness of the potential for harm engendered by their activity, so that their state of mind is of limited relevance to the damage caused by their presence upon these structures; and WHEREAS, the legitimate uses of motorized vehicles upon these dikes and levees are limited in scope and are primarily associated with those who farm the adjacent land or those performing duties for agencies responsible for maintaining and improving the dikes and levees; NOW, THEREFORE, BE IT ORDAINED by the Whatwm County Council that it shall be a violation of law for a person to drive, or be a passenger upon, a motorized vehicle on dikes or levees along the Nooksack River without authorization, as more fully and precisely defined in Exhibit A attached hereto and incorporated herein by reference, which shall be codified as Chapter 17.24 of the Whatcom County Code. ADOPTED this 28 day of January , 2003. ATTEST: Dana Brown - Davis, Clerk of the Court i Page 2 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Council Chair APPROVED AS TO FORM: Civil Deputy Pwtcutor ` Page 3 ( Approved O Denied Pete Kremen, County Executive EXHIBIT A Chapter 17.24 UNAUTHORIZED USE OF MOTORIZED VEHICLES UPON FLOOD CONTROLSTRUCTURES 17.24.010 Definitions The definitions set forth in this section shall apply throughout this chapter. A. "County" means Whatcom County, unless otherwise noted. B. "Flood control structure" means any structure, whether natural or man-made in origin, that operates, or is intended, to contain, channelize, direct or otherwise control the flow of water along or near the banks of the Nooksack River. C. "Motorized vehicle" means any vehicle that is motor - driven, whether by internal combustion engine or electric motor, and any attachments thereto. D. "Nooksack River" means the river commonly known as the Nooksack River, along with its North, Middle, and South Forks, as more precisely defined in Washington Administrative Code (WAC) 173 - 18-410 as now written or hereinafter amended, and the channels within which this river and its forks flows, within Whatcom County. E. "Proper authorization" means use of a motorized vehicle for purposes of inspection, maintenance, improvement, or construction of flood control structures, or for access for legitimate agricultural purposes: 1) by immediate family members or current employees of the owner or tenant of the land upon which the flood control structure is located, under the authority and direction of that owner or tenant, or 2) under the authority and with the current permission of the public agencies responsible for flood control activities within the County. The claim of proper authorization is an affirmative defense which must be pled prior to hearing or trial, and which the defendant must prove by a preponderance of the evidence. 17.24.020 Unauthorized Use of Motorized Vehicle It is unlawful for any person to operate, or to ride upon, a motorized vehicle on any flood control structure within 3000 feet of the Nooksack River, unless done with proper authorization. 17.24.030 Violation— Penalty Violation of this chapter shall constitute a class 1 civil infraction under the authority granted the County in Chapter 7.80 RCW. Each violation hereof shall be punishable by a maximum penalty or default amount as set forth in RCW 7.80.120, or any successor statute thereto. All violations shall be charged, heard, and determined in accordance with the procedures set forth in Chapter 7.80 RCW. Employees of the Whatcom County Public Works Department, River and Flood Division, or its successor agency, if any there be, as well as all others who are otherwise authorized to enforce ordinances of this County, are hereby authorized to enforce the provisions of this title, consistent with the provisions of Chapter 7.80 RCW. After having been found to have committed two infractions for violations of the provisions of this chapter, any person who further violates the provisions of this chapter shall be guilty of a misdemeanor, and shall be subject to criminal penalties including a fine of not more than $1000, together with statutory assessments and any costs of action, and imprisonment in the county jail for a period of not more than ninety (90) days. In addition to the civil and criminal remedies provided for above, the County or the owner(s) of the land affected by the violation of the provisions of this chapter may bring such injunctive, declaratory or other actions as deemed necessary, and as otherwise allowed by law, to ensure that violations are prevented or cease, and to otherwise enforce the provisions of this chapter.