HomeMy WebLinkAboutord1994-045WHATCOM COUNTY COUNCIL AGENDA BILL
NO. 9¢384
CLEARANCES
Initia((l��
Date
Date Received in Council Office:
Agenda date
Assigned to:
Originator. Dawson /Council
7/6
7/1.1/94
8/9/94
Council Intro
Division Head:
Council Hearing
Dept. Head:
Prosecutor.
Purchasing/Budget:
Executive:
SUBJECT
Revising language relating to impoundment of vessels or obstructions under WCC 11.44
ATTACHMENTS:
Ordinance
SUABMY STATEMENT Please complete sections of box as appropriate & explain the item below.
Related County contract #: N/A Should Clerk schedule a hearin . NO YES Requested date:
This ordinance revises existing language to provide for immediate impoundment of vessels or obstructions that
are unattended and present an imminent danger to life or property, or are obstructing a navigable waterway.
In addition, the ordinance clarifies language regarding impoundment after a 72 hour notice has been given by
appropriate enforcement officials.
CLERK'S RECOMMENDED MOTION (for final action):
"I move that the Council adopt the proposed ordinance."
COMMITTEE ACTION TAKEN:
COUNCIL ACTION TAKEN
7/1.1/94: Introduction
8/9/94: Council adopted the
Starkenburg absent
Ordinance, 4 -2. Henderson and Harris opposed
Related File Numbers: Ordbzance or Resolution Number (this item only): 094 -045
ve=Lora 06/27/94 SPONSORED BY: Dawson
PROPOSED BY: Dawson
INTRODUCTION DATE: 7126194
ORDINANCE NO. 94 -045
2 AMENDING WHATCOM COUNTY CODE 11.44 REGARDING VESSELS
3 PRESENTING A HAZARDOUS CONDITION IN NAVIGABLE WATERS
4 WHEREAS, Whatcom County Code Chapter 11.44 deals with enforcement and
5 impoundment of vessels presenting a hazardous condition in waterways; and
6 WHEREAS, it has come to the attention of the public that existing language fails
7 to adequately address situations that may present an imminent danger to life and
8 property due to unsafe vessel management; and
9 WHEREAS, it is in the best interests of the citizens of Whatcom County that
10 appropriate and clear regulations be enacted to protects their interests; -
11 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that
12 Chapter 11.44 of the Whatcom County Code is amended as shown below:
13 11.44.020 Impoundment - Authorized when
14 Any person entitled to enforce the provisions of this title may, in addition to other
15 specific provisions regarding the same, take immediate possession and /or impound and
16 remove any vessel or obstruction when:
17 A. The operator or master of the same reasonably appears incapable of safely
18 operating the same or appears incapable of directing the disposition of the same;
19 B. The operator or master of the same refuses to sign a citation, or refuses or
20 neglects to obey an order of the enforcing authority to proceed from or to an area
21 following a citation, or in an emergency;
22 C. The operator or master operates a vessel or obstruction in a negligent, reckless
23 or other manner so as to endanger the safety of others or to unreasonably interfere with
24 the navigation of other vessels and the enforcing authority believes such operation of the
25 vessel or obstruction would continue unless possession be taken of the same;
26 D. The vessel or obstruction appears unsafe for transportation; or
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Notwithstanding the other provisions of this chapter, any residential property
owner, or person having charge of such property, may have an unauthorized vessel found
on the property impounded immediately upon giving written authorization.
ADOPTED this 9th day of August , 1994.
24
25 ATTEST:
26
27 Ramona Reeves, Council Clerk
28 APPROVED AS TO FORM:
29
30 Civil Deputy Prosecutor
31
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
o ert A. Imhof, Co hair
() Approved () Denied
Shirley Van Zantei �LL CA. n t - p
Date:
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