HomeMy WebLinkAbout2016/08/23 - Regular BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS
August 23, 2016
1. Call to Order—The Chairperson called the regular meeting to order at 6:
2. Pledge of Allegiance— led the flag salute.
3. Roll Call — Present: Commissioner District 1 - Randy Neatherlin; Commissioner District 2—Tim
Sheldon was absent; Commissioner District 3 —Terri Jeffreys.
4. Correspondence and Organizational Business
4.1 Correspondence
4.1.1 Mason County Fire District 6 sent roster updates.
4.1.2 Mendy Harlow sent information regarding a proposed project on the Tahuya River Bridge.
4.1.3 Mary Ecklund, Suzanne Washington, John Egbert, Jim Madden, Milniece Kerns, Jim Reece,
Stephanie Rowland, Mike & Lynn Jorgeson and Guy and Kathy Earle sent input regarding
boating regulations.
Also: received input for the hearing tonight from: Gene & Nancy Starr, Stephen Croft and Barbara
Tarabochia.
5, Open Forum for Citizen Input—
5.1 Ms. Russell asked the Board if they have contacted the prosecutor about the hearing today.
The Board reminded Ms. Russell that this comment section is for items not on the agenda.
6. Adoption of Agenda - Cmmr. Neatherl in/Jeffreys moved and seconded to adopt the agenda
as published. Motion carried unanimously. N-aye; S-Absent; J-aye.
7. Approval of Minutes—August 9, 2016 regular meeting minutes.
Cmmr. Neatherlin/Jeffreys moved and seconded to approve . Motion carried
unanimously. N-aye; S-Absent; J-aye.
8. Approval of Action Agenda:
8.1 Approval of the Memorandum of Understanding between Mason County/Mason County District
Court and AFSCME local 1504. This agreement will be effect for six months.
8.2 Approval of the Veterans Assistance Fund applications for: Utilities $573.47 as recommended
by the Veterans Service Office.
8.3 Approval of Warrants:
Claims Clearing Fund Warrant#s 8041930-8042185 $ 270,858.35
Direct Deposit Fund Warrant#s 33587-33979 $ 612,736.60
Salary Clearing Fund Warrant#s 7002088-7002127 $ 890,550.90
For a total of: $1,774,145.85
Claims Clearing YTD Total $20,762,576.92
Direct Deposit YTD Total $ 8,160,210.40
Salary Clearing YTD Total $ 8,719,355.05
8.4 Approval to set a public hearing on September 20, 2016 at 9:30 a.m. to take public comment on
the award of the Solid Waste Drop Box Hauling Agreement to Mason County Garbage
Company., Inc.
8.5 Approval to set a public hearing on September 13, 2016 at 9:30 a.m. to consider amendments
to the 2016 budget. Resolution 54-16 (Exhibit A)
Cmmr. Nealtherlin/Jeffreys moved and seconded to approve action items 8.1 through
8.5. Motion carried. N-aye; S-Absent; J-aye.
BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS
August 23, 2016- PAGE 2
9. 9:30 a.m. Public Hearings and Items Set for a Certain Time—
9.1 Continued from July 26, 2016 - Public Hearing to consider a resolution amending the Mason
County Boating Regulations-Mason County Code Chapter 9.04. Staff: Diane Zoren
Diane Zoren explained this item. She confirmed that Mason County Prosecuting attorney has
reviewed this ordinance and said this ordinance is intended to make the lakes safer.
There was no public testimony.
Cmmr. Neatherlin explained the changes.
Cmmr. Jeffreys thanked all staff involved in working on the Boating Regulations.
Cmmr. Nealtherlin/Jeffreys moved and seconded to approve action item 9.1 approving a
resolution amending the Mason County Boating Regulations-Mason County Code Chapter
9.04 as presented. Motion carried. N-aye; S-Absent; J-aye. Resolution 55-16 (Exhibit B)
10. Board Reports &Calendar-The Commissioners reported on meetings attended the past week and
announced their upcoming weekly meetings.
11. Other Business: Department Heads &Elected Officials.
11.1 Support Services Director Position. Diane Zoren stated that there were five applicants that were
interviewed and asked the Board if they are ready to make a decision.
Cmmr. Neatherlin said he would support hiring Frank Pinter. He said Cmmr. Sheldon feels the
same.
Cmmr. Jeffreys said she is in support of hiring Mr. Pinter as the Support Services Director.
Cmmr. Neatherlin/Jeffreys moved and seconded to approve hiring Frank Pinter as the
Support Services Director. Motion Carried. N-aye; S-Absent; J-aye.
Frank Pinter thanked the Board and the Support Services staff as well as his family.
11.2 Melissa McFadden gave an update on the project on Little Egypt Road.
11.3 Jeff Chew from Ifiber One News introduced himself and spoke about himself and his background.
12. Adjournment—The meeting adjourned at 6:45 p.m.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS
August 23, 2016- PAGE 3
Terri Jeffreyf t hai
l S� -
Tim Sheldon, Commissioner
ATTEST:
Nof
Randy Nea erlin, Commissioner
he Board
th d t
RESOLUTION NO. -
2016 BUDGET
BUDGET TRANSFER AND SUPPLEMENTAL APPROPRIATION-NOTICE OF HEARING
WHEREAS,by reason of conditions which could not be reasonably foreseen at the time of making the budget
for the year 2016,it is necessary to make provision for Budget Transfers to the budget as required by RCW 36.40.100,
and RCW 36.40.195 for the following:
Reserve for Building Maintenance(#001)
$13,520 transfer from Reserve for Building Maintenance to Facilities/Roof Replacement Bldg.2
$12,280 transfer from Reserve for Building Maintenance to Facilities/Elevator Testing
$2,100 transfer from Reserve for Building Maintenance to Facilities/Bldg.7 Expansion Design
$1,400 transfer from Reserve for Building Maintenance to Facilities/Juvenile Detention Multi-Purpose
$16,566 transfer from Reserve for Building Maintenance to Facilities/Elevator Repair/Maint.
$70,000 transfer from Reserve for Building Maintenance to Facilities/Jail Remodel PRIA Std.Change Order
$8,000 transfer from Reserve for Building Maintenance to Facilities/MCRA Backflow Replacement
$22,032 transfer from Reserve for Building Maintenance to Facilities/Remodel Bld.3 and Bldg.8
$10,000 transfer from Reserve for Building Maintenance to Facilities/Jail Bio-Hazzard Cleanup
To Fund above from Reserve for Building Maintenance$155,898
Unallocated Accrued Leave Payout(#001)
$11,948 transfer from Unallocated Accrued Leave Payout to Treasurer for Bank Conversion and Additional Wages for
Chief Deputy
$26,000 transfer from Unallocated Accrued Leave Payout to Mason County Sherriff Office for the purchase of a Boat
$ 2,000 transfer from Unallocated Accrued Leave Payout to Mason County Sherriff Office for Marketing
$57,607 transfer from Unallocated Accrued Leave Payout to Court House Security Options
$2,000 transfer from Unallocated Accrued Leave Payout to Westsound Partners
To Fund above from Unallocated Accrued Leave Payout$99,500
Ending Fund Balance(#001)
$22,563 transfer from General Fund's Ending Fund Balance to Human Resources Public Safety Testing
$ 8,143 transfer from General Fund's Ending Fund Balance to Litter Program 1 FTE A year
$16,285 transfer from General Fund's Ending Fund Balance to Litter Program 1 FTE CSO%year
$15,357 transfer from General Fund's Ending Fund Balance to Litter Program 1 FTE Records Specialist%year
$ 4,200 transfer from General Fund's Ending Fund Balance to Litter Program computers and phones
$ 3,000 transfer from General Fund's Ending Fund Balance to Litter Program tipping fees
$550,000 transfer from General Fund's Ending Fund balance to Sheriffs Inmate Outsourcing
$159,400 transfer from General Fund's Ending Fund balance to Indigent Defense
$75,000 transfer from General Fund's Ending Fund balance to GAAP Payroll Adjustment
$ 7,461 transfer from General Fund's Ending Fund balance to Assessors-Appraisers New Contract Retro
$26,400 transfer from General Fund's Ending Fund balance to Corrections-Contract Retro
To Fund above from General Fund's Ending fund balance$887,809
Budget Transfers:
$ 45,000 transfer from respective Special Funds Ending Fund Balance for GAAP Payroll Adjustment
$400,000 transfer from Belfair Wastewater Beginning Fund Balance to actual and increase expenditures
$100,000 transfer from Mental Health Tax and Veterans Assistance to fund Home's First!
$400,000 transfer from Risk Account#508 to Claims Settlement-a coding correction
$232,000 transfer from REET1 Beginning Fund Balance to Jail Renovation Cost
$ 1,500 transfer from Island Lake Management District Ending Fund Balance to Professional Services
$60,000 transfer from Mason Lake Management District Ending Fund Balance to Professional Services
$249,000 transfer from REET 1 to $56,000 DES Arch/Design/Engineering Plans and $176,000 to Jail Capital
Improvement Plans.
Budget Appropriations: {
$ 270,000 Voluntary Stewardship Program—Grant funding from Department of Commerce d
$ 102,503 Community Acton Council—Grant funding from Department of Commerce
$ 269,210 Microenterprise Program Grant funding—Community Development Block Grant
$ 235,000 LOCAL loan financing for phone system
$1,455,000 Department of Commerce,expense to debt.
THEREFORE, BE IT RESOLVED BY THE Board of Mason County Commissioners:
That the 135i day of September, 2016 at the hour of 9:30 a.m. In the Mason County Commissioners Chambers in
Courthouse Building I, 411 North Fifth Street, Shelton, Washington, is hereby fixed as the time and place for a I
public hearing upon the matter of Budget Transfers to the 2016 Budget as follows:Current Expense—$1,545,207,
Auditor's O&M,Roads,Community Support Services,Crime Victims,Victims Witness,Sheriffs Special Funds,Public
Health,Treasurers M&O,Landfill,NBCI Sewer Utility,Combined Utility,Rustlewood Sewer and Water, Beards Cove,
Belfair Wastewater Reclamation, Storm Drainage, Information Technology, Equipment Rental & Revolving -
$45,000, Belfair Wastewater Beginning Fund Balance - $400,000, Mental Health Tax - $50,000, Veterans
Assistance - $50,000, REET 1 - $288,000, Island Lake Management District - $1,500, Mason Lake Management
District $60,000. Grant funds; $270,000 Voluntary Stewardship Program, $102,503 Community Action Council,
$269,210 Microenterprise Program,$235,000 LOCAL loan financing, 1,455,000 Department of Commerce.
The Clerk of the Board is hereby authorized,empowered,and directed to cause notice of such
hearing to be published as provided by law.
DATED this 23`d day of August,2016.
ATTEST: BOARD OF COUNTY COMMISSIONERS
MASON COUNTY,WASHINGTON
Julie Almanzor,Clerk of the BoarO NIL A
Terri Jeffreys,et"
APPROVED AS TO FORM:
— Tim Sheldon,Commissioner
Tim W i eth h{e cl,Chief DPA f,
C: Auditor—Financial Services Randy Neather n,Commissioner
Publish 2x 9/1&9/8 bill to
Commissioners,411 North 5th Street,Shelton
RESOLUTION NO. 55-16
A RESOLUTION AMENDING RESOLUTIONS 83-88 AND 88-92 RELATING TO MOTORBOATS THAT
AMENDS CHAPTER 9.04 OF THE MASON COUNTY CODE
WHEREAS, pursuant to the police power found in Section 11, Article XI of the Washington State
Constitution, Mason County is authorized to regulate watercraft on waters within Mason
County's jurisdiction; j
1
WHEREAS, Chapter 9.04 was added to Mason County Code on August 1, 1960 relating to
motorboats; on August 2, 1988 this Chapter was amended and several minor amendments
were subsequently made;
I
WHEREAS, for consistent enforcement of boating regulations it is recommended to align the
County's regulations more closely with Washington State regulations and amend Chapter 9.04
of the Mason County Code;
WHEREAS, the County Commissioners held a public hearing on June 21, 2016 that was
continued to July 26 and then August 23, 2016 to consider public comment on the proposed
amendments to Chapter 9.04 of the Mason County Code;
NOW, THEREFORE BE IT RESOLVED by the Board of Mason County Commissioners that
Chapter 9.04 of the Mason County Code is amended as reflected in Attachment A.
Adopted this 2P of August, 2016.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
ATTEST:
Terri Jeff@ air
*JuriAlmanzor, Clerk of t and
APPROVED AS TO FORM: Tim Sheldon, Commissioner
m Zhit Chief DPA Ra y Neatherlin, Commissioner
J:\RESOLUTIONS&ORDINANCES\RESOLUTIONS-ORDINANCES Word Files\2016\Motorboats Resolution.docx
Attachment A
Resolution No.55-16
Chapter 9.04-MOTORBOATS*
Sections:
9.04.010- Intention of chapter.
It is the policy of Mason County to promote safety and enjoyment of persons using the waters of this
county. This chapter is intended to supplement but not infringe upon the boating safety laws and
regulations of the state and the United States.
9.04,020-Definitions.
The words listed below as used in this chapter mean as follows:
(1) "Authorized emergency vessel" means those vessels of a county or municipal police or.fire
department, the United States Government and the state of Washington equipped with the blue
warning lights and siren.
(2) "COLREGS"means the International Regulations for Preventing Collisions at Sea.
(3) "Diver's flag" means a red and white flag five units of measurement on the hoist by six units of
measurement on the fly with a white stripe of one unit crossing the red diagonally (the flag to
have a stiffener to make it stand out from the pole or mast). This flag shall only pertain to skin
and SCUBA (self-contained underwater breathing apparatus) diving and shall supplement any
nationally recognized diver's flag or marking. Unit of measurement shall not be less than two
inches.
(4) "Motorboat" means any vessel propelled in any respect by machinery and/or any vessel
air/waterjet propelled, including those temporarily equipped with detachable motors.
(5) "Operator" means an individual who steers, directs, or otherwise has physical control of a vessel
that is underway or exercises actual authority to control the person at the helm.
(6) "Person"means any natural person, partnership, association, or corporation.
(7) "Personal flotation device" means life preservers, buoyant vests, special purpose water safety
devices, buoyant cushions, ring buoys, and work vests.
(8) "Personal watercraft" is a vessel of less than sixteen feet which uses a motor powering a jet
pump as its primary source of motive power and which is designed to be operated by a person
sitting, standing or kneeling on, or being towed behind the vessel, rather than in the conventional
manner of sitting or standing inside the vessel.
(9) "Pier" means any commercial or public pier, wharf, dock, float, gridiron or other structure
intended to provide for the loading or unloading or other discharge of vessels or for their service
or repair, or to provide access for persons to the water from the shore for fishing, swimming or
any other water-related activity.
(10)"RCW" mean Revised Code of Washington.
(11)"Restricted area" means an area that has been designated to be used for, or closed to, certain
purposes such as swimming, underwater diving and competitions or exhibitions.
(12)"Swimming" means floating on an air mattress, inner tube or other similar inflatable device (not
including inflatable rafts)as well as propelling or floating oneself in the water.
(13)"Underwater diving" means the activity of submerging in water while equipped with snorkeling,
hard hat, or scuba diving equipment.
Page 1
Attachment A
Resolution No.55-16
(14)"Vessel' means any contrivance used or designed for navigation or as a means of transportation
on water.
(15)"Waters",means any waters within the territorial limits of Mason County.
(16)"Water skier"means a person in tow from a vessel riding on water skis, aquaplane, surfboard, or
other similar device.
9.04.030-Numbering required.
All vessels used on the waters of this county shall be numbered or designated in accordance with
any applicable RCW as now or hereafter amended.
9.04.035—Requirements to operate motor driven boats/vessels
Operators shall comply with requirements in RCW 79A 60.640 as now or hereafter amended
(1) No person shall operate or permit the operation of motor driven boats and vessels with a
mechanical power of fifteen horsepower or greater unless the person:
(a)Is at least twelve years of age, except that an operator of a personal watercraft shall
comply with the age requirements under RCW 79A.60.190; and
(b)(i) Has in his or her possession a boater education card, unless exempted under
subsection (3)of this section; or
(ii) Is accompanied by and is under the direct supervision of a person sixteen years of age
or older who is in possession of a boater education card.
(2) The following persons are not required to carry a boater education card:
(a)The operator of a vessel engaged in a lawful commercial fishery operation as licensed by
the department of fish and wildlife under Title 77 RCW. However, the person when operating a
vessel for recreational purposes must carry either a valid commercial fishing license issued by
the department of fish and wildlife or a boater education card;
(b)Any person who possesses a valid marine operator license issued by the United States
coast guard when operating a vessel authorized by such coast guard license. However, the
person when operating a vessel for recreational purposes must carry either a valid marine
operator license issued by the United States coast guard or a boater education card;
(c)Any person who is legally engaged in the operation of a vessel that is exempt from vessel
registration requirements under chapter 88.02 RCW and applicable rules and is used for
purposes of law enforcement or official government work. However, the person when operating a
vessel for recreational purposes must carry a boater education card;
(d)Any person at least twelve years old renting, chartering, or leasing a motor driven boat or
vessel with an engine power of fifteen horsepower or greater who completes a commission-
approved motor vessel safety operating and equipment checklist each time before operating the
motor driven boat or vessel, except that an operator of a personal watercraft shall comply with
the age requirements under RCW 79A.60.190;
(e)Any person who is not a resident of Washington state and who does not operate a motor
driven boat or vessel with an engine power of fifteen horsepower or greater in waters of the state
for more than sixty consecutive days;
Page 2
Attachment A
Resolution No.55-16
(f)Any person who is not a resident of Washington state and who holds a current out-of-state
or out-of-country certificate or card that is equivalent to the rules adopted by the commission;
(g)Any person who has purchased the boat or vessel within the last sixty days, and has a bill
of sale in his or her possession to document the date of purchase;
(h)Any person, including those less than twelve years of age,who is involved in practicing
for, or engaging in, a permitted racing event where a valid document has been issued by the
appropriate local, state, or federal government agency for the event, and is available for
inspection on-site during the racing event;
(3) Except as provided in subsection (3)(a)through (i)of this section, a boater must carry a boater
education card while operating a vessel and is required to present the boater education card, or
alternative license as provided in subsection (3)(a)and (b)of this section, to a law enforcement
officer upon request.
(4) Failure to possess a boater education card required by this section is an infraction under chapter
7.84 RCW.The penalty shall be waived if the boater provides proof to the court within sixty days
that he or she has received a boater education card.
(5) No person shall permit the rental, charter, or lease of a motor driven boat or vessel with an
engine power of fifteen horsepower or greater to a person without first reviewing with that
person, and all other persons who may be permitted by the person to operate the vessel, all the
information contained in the motor vessel safety operating and equipment checklist.
9,04.040-Equipment.
A vessel shall carry and use in the manner prescribed that equipment, including personal flotation
devices, visual distress signals, means of ventilation, navigation lights, fire extinguishing equipment, and
backfire flame control devices required for such vessel as now or hereafter amended.
9.04.050-Whistles and lights.
Except when necessary as a warning or in an emergency it is unlawful for any person to blow or
sound a whistle or horn of any vessel or shine a search light or other bright light onto any houseboat or
other residence, or onto the bridge or into the pilothouse or any other area of any vessel under way in a
manner likely to reduce the vision of the operator.
9.04.060-Mufflers.
(a) It is unlawful for any person to operate any vessel, except aircraft, which is not equipped with a
functioning underwater exhaust or a properly installed and adequately maintained muffler.Any of the
following defects in the muffling system shall constitute a violation of this section.
(1) The absence of a muffler;
(2) The presence of a muffler cut-out, bypass, or similar device;
(3) Defects in the exhaust system, including, but not limited to pinched outlets, holes, or rusted-
through areas of the muffler or pipes;
(4) The presence of equipment which will produce excessive or unusual noise from the exhaust
system;
(5) Dry stacks or water-injected stacks not containing a series of chambers or mechanical designs
effective in reducing sound shall not be considered as adequately maintained mufflers.
Page 3
Attachment A
Resolution No.55-16
(b) Subsection (a) of this section shall not apply to the operation of vessels in regattas, races, water ski
tournaments, competitions, exhibitions or trials therefor, or aquatic events which have been
authorized by the board of county commissioners. Such vessels shall not exceed any applicable
county noise requirements as now or hereafter amended.
9.04.070-Negligent operation.
A person shall not operate a vessel in a negligent manner. For the purposes of this section, to
"operate in a negligent manner" means operating a vessel in disregard of careful and prudent operation,
or in disregard of careful and prudent rates of speed that are no greater than is reasonable and proper
under the conditions existing at the point of operation, taking into account the amount and character of
traffic, size of the lake or body of water, freedom from obstruction to view ahead, effects of vessel wake,
and so as not to unduly or unreasonably endanger life, limb, property or other rights of any person
entitled to the use of such waters.
9.04.080-Reckless operation.
It is unlawful for any person to operate a vessel in a reckless manner. For the purpose of this
section,to"operate in a reckless manner"shall be construed to mean the operation of a vessel in wilful or
wanton disregard for the safety of persons or property. (Res. 83-88 (part), 1988).
9.04,090-Operation while under the influence of liquor or drugs.
It is unlawful for any person to operate a vessel while under the influence of liquor or drugs in
accordance with RCW 79A.60.040 as now or hereafter amended.
(a) It is unlawful for a person to operate a vessel while under the influence of intoxicating liquor,
marijuana,or any drug.A person is considered to be under the influence of intoxicating liquor,
marijuana, or any drug if, within two hours of operating a vessel:
(1)The person has an alcohol concentration of 0.08 or higher as shown by analysis of the person's
breath or blood made under RCW 46.61.506; or
(2)The person has a THC concentration of 5.00 or higher as shown by analysis of the person's blood
made under RCW 46,61.506;or
(3)The person is under the influence of or affected by intoxicating liquor, marijuana, or any drug; or
(4)The person is under the combined influence of or affected by intoxicating liquor, marijuana,and
any drug.
(b)The fact that any person charged with a violation of this section is or has been entitled to use
such drug under the laws of this state shall not constitute a defense against any charge of violating this
section.
(c)(1) Any person who operates a vessel within this state is deemed to have given consent,subject to
the provisions of RCW 46.61.506, to a test or tests of the person's breath for the purpose of determining
the alcohol concentration in the person's breath if arrested for any offense where, at the time of the
arrest,the arresting officer has reasonable grounds to believe the person was operating a vessel while
Page 4
Attachment A
Resolution No.55-16
under the influence of intoxicating liquor or a combination of intoxicating liquor and any other drug.
(2)When an arrest results from an accident in which there has been serious bodily injury to another
person or death or the arresting officer has reasonable grounds to believe the person was operating a
vessel while under the influence of THC or any other drug, a blood test may be administered with the
consent of the arrested person and a valid waiver of the warrant requirement or without the consent of
the person so arrested pursuant to a search warrant or when exigent circumstances exist.
(3) Neither consent nor this section precludes a police officer from obtaining a search warrant for a
person's breath or blood.
(4)An arresting officer may administer field sobriety tests when circumstances permit.
(d)The test or tests of breath must be administered pursuant to RCW 46.20.308.The officer shall
warn the person that if the person refuses to take the test, the person will be issued a class 1 civil
infraction under RCW 7.80.120.
(e)A violation of subsection (a)of this section is a gross misdemeanor. In addition to the statutory
penalties imposed,the court may order the defendant to pay restitution for any damages or injuries
resulting from the offense.
(f)The refusal of a person to submit to a test of the alcohol concentration,THC concentration, or
presence of any drug in the person's blood or breath is not admissible into evidence at a subsequent
criminal trial.
(g) A person's refusal to submit to a test or tests pursuant to RCS/79A.60.040(4)(a) constitutes a
class 1 civil infraction under RCW 7.80,120 .
9.04.100-Incapacity of operator.
It is unlawful for any person who owns or is in control of any vessel to authorize or knowingly permit
the same to be operated by any person who by reason of physical or mental disability, incapacity or
immaturity is incapable of operating such vessel under the prevailing circumstances, including the type,
size and motive power of the vessel, and the weather and water conditions.
9.04.120-Steering and sailing.
Except as provided elsewhere herein, all vessels using the waters of Mason County shall comply
with the steering and sailing rules contained in the International Regulations For Preventing Collisions At
Sea, 1972, also known as the 72 COLREGS (Codified By Title 33, CFR, Part 81-72 and Appendix A
thereof).
9.04.125-Traffic pattern.
All vessels in fresh water lakes shall travel in a counter-clockwise pattern at all times.
Page 5
Attachment A
Resolution No. 55-16
9.04.126-Operation right-of-way rules.
The operation rules between vessels shall be in accordance with current version of COLREGS and
are provided as follows:
(a) When two vessels are approaching each other head on, or so nearly as to involve the risks of
collision, each vessel shall bear to the right and pass the other on its left side;
(b) One vessel may overtake another on either side but shall grant the right-of-way to the overtaken
vessel;
(c) When two vessels are approaching each other obliquely or at right angles, the vessel
approaching on the right side has the right-of-way;
(d) A vessel underway must yield the right-of-way to a vessel not underway;
(e) A motor powered vessel underway must yield the right-of-way to a sailboat, rowboat, canoe, or
other vessel not propelled by a motor;
(f) A seaplane underway shall yield right-of-way to all other vessels or craft;
(g) A swimmer, including a person on a flotation device, or a fallen skier, has the right-of-way over
any craft;
(h) No vessel shall approach within two hundred feet of a diver's flag indicating the presence of a
person operating or swimming underwater;
(i) All vessels shall reduce speed and, if necessary, stop and, in any event, yield right-of-way upon
the approach of an emergency vessel.
9.04.130-Speed regulations.
(a) Speed Limits. No vessel shall exceed the following speeds:
(1) Within one hundred feet of a swimmer or permanent structure, six miles per hour;
(2) Within 150 feet from shore on every body of water, any speed capable of creating a harmful
wake, but in no event, a speed in excess of six miles per hour.
(3) Within 150 feet of any vessel not propelled by a motor, six miles per hour;
(4) In fresh water lakes, one hour after sunset to one hour before sunrise, eight miles per hour;
(5) During daylight hours in unrestricted areas, fifty miles per hour, unless otherwise posted;
(6) Within three hundred feet on any public boat launch, six miles per hour.
(b) Due Care and Caution Required. Compliance with the speed regulations contained herein shall not
relieve the operator of any vessel from any further exercise of due care and caution as
circumstances shall require.
9.04.135-Water skiing.
No vessel shall be operated with a water skier or other occupied contrivance in tow unless:
(1) The vessel is occupied by two persons, one legal operator according to Section 9.04.035 and
one observer at least twelve years of age.
(2) Pattern.All vessels shall go in a counter-clockwise pattern in accordance with Section 9.04.125.
(3) Both vessel and person in tow are over three hundred (300) feet from shoreline of saltwater or
one hundred fifty (150) feet from the shoreline of freshwater and any pier or restricted area
thereof, provided; that the person being towed may start at the shore or a pier and must
proceed directly to a point at least three hundred (300) feet from the shoreline of saltwater or
Page 6
i
Attachment A
Resolution No.55-16
one hundred fifty (150) feet from the shoreline of freshwater before paralleling the shoreline;
provided further, that persons in tow may return to shore or a pier at an angle of no less than
forty-five degrees to the shoreline with the shoreline on the right of the person being towed,
maintaining the counter-clockwise direction. The towing vessel must maintain its distance from
shoreline and reduce speed on returning towards shore to avoid any shoreline wake damage to
docks and frontage.
9.04.140-Interference with navigation.
No person shall operate a vessel in a manner which unreasonably or unnecessarily interferes with
the operation of another vessel or the launching of any vessel at any public boat launching ramp.
Anchoring or mooring under a bridge or in a channel in an approach to a public boat launching rap shall
constitute interference with navigation.
9.04.150-Mooring at private docks without permission.
No person shall moor a vessel to a private seawall or commercial or public pier unless licensed,
invited or otherwise privileged to do so or beach a vessel upon private property if notice against trespass
is personally communicated to the owner or operator of the vessel by the owner of the private beach or
some other authorized person, or if notice is given by posting in a conspicuous manner. In any
prosecution under this section, it is an affirmative defense that the actor reasonably believed that the
owner of the premises or other person authorized to license access thereto, would have licensed him or
her to enter or remain.
9.04.160- Exemption to authorized emergency vessels.
The provisions of this chapter shall be applicable to the operation of any and all vessels in the waters
of Mason County except that they shall not apply to any authorized emergency vessel responding to an
emergency or in pursuit of an actual or suspected violator of the law or to a vessel in distress.
9.04,180-Boating accident and casualty reports.
The operator of any vessel shall complete a boating accident and casualty report as required and in
the manner provided by Chapter 352-70, Washington Administrative Code, (Exhibit B of the ordinance
codified in this chapter) as now as hereafter amended.
9.04.190-Obedience to peace officers.
No person shall wilfully fail or refuse to comply with the direction of a peace officer,who is at the time
discharging the duty of regulating and directing waterborne traffic.
9,04,200-Refusal to stop for law enforcement.
Any operator of a vessel who willfully fails to stop when requested or signaled to do so by a person
reasonably identifiable as a law enforcement officer is guilty of a gross misdemeanor
9.04,210 Eluding a law enforcement vessel.
Any operator of a vessel who willfully fails or refuses to immediately bring the vessel to a stop and
who operates the vessel in a manner indicating a wanton or willful disregard for the lives or property of
others while attempting to elude a pursuing law enforcement vessel, after being given a visual or audible
signal to bring the vessel to a stop, shall be guilty of a class C felony punishable under chapter 9A.20
RCW.The signal given by the law enforcement officer may be by hand, voice, emergency light, or siren.
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Resolution No.55-16
The officer giving such a signal shall be in uniform and his or her vessel shall be appropriately marked
showing it to be an official law enforcement vessel.9.04.210-Examination of equipment.
No person shall, while operating or in charge of a vessel, refuse to permit a law enforcement officer
to make an examination of any equipment of such vessel. Such law enforcement officers include, but are
not limited to, county sheriffs, officers of other local law enforcement entities, fish and wildlife officers,
through the director,the state patrol, and state park rangers.
9.04,220-Overloading and overpowering.
It is unlawful for any vessel to be loaded with passengers or cargo which exceed the safe carrying
capacity of the vessel where the safe carrying capacity of the vessel is specified by the manufacturer.
Such limitation shall be considered the maximum safe load, and in no event shall a vessel be loaded
beyond a capacity which is reasonable and prudent under given atmospheric conditions and other actual
and potential hazards affecting operation.
9.04.230- Restricted areas—Special use regulations.
(a) The board of county commissioners may designate certain restrictred areas for a specific purpose or
activity. No person shall operate a vessel within a restricted area;provided, that this section shall not
apply to vessels engaging in or accompanying the activity to which the area is restricted.
(b) The board of county commissioners may designate special use regulations for specific bodies of
waters and/or specific areas within those bodies of water.
(c) The board of county commissioners shall establish a process for citizen petition, for establishing
restricted areas/special use regulations which shall, at a minimum, contain the following steps:
(1) Petition with twenty-five or more signatures from permanent residents of Mason County. A
permanent resident of Mason County is a person who spends most of their time in Mason
County and who has a verifiable Mason County address. The board of county commissioners
shall determine the sufficiency of the petition;
(2) Public hearing;
(3) Public meeting for consideration/decision;
(4) Report from sheriff addressing safety and enforcement issues.
(d) The board shall consider the following factors when deciding upon designation of a restricted area
and/or special use regulation(s):
(1) Does the request improve/enhance the public use of the waterway?
(2) Does the request increase public safety of life and property?
(3) Will the request increase the public liability?
(e) Designations under this section shall be made by resolution.
(f) Designations under this section shall be fully enforceable under this chapter.
(g) When special use designations conflict with other regulations, the more restrictive regulations shall
apply.
9.04.235-Shoreline marker buoys.
Lake waterfront property owners may place one appropriate floating buoy 150 from their respective
shoreline to mark the minimum water skiing distance on fresh water. Such buoys shall be anchored
individually and shall not be connected to any other neighboring buoy by any means. An appropriate buoy
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Resolution No. 55-16
shall be round in shape, with a diameter of at least twelve inches, and shall be red in color. Any person
choosing to place out such a buoy shall assume all responsibility for the buoy.
9.04.240-Regattas, races,or aquatic events.
(a) Definitions.
(1) "Frequency" means the number of regattas; races or aquatic events which may be held
pursuant to the application and permit procedures provided for herein.
(2) "Regatta" or "race" or "aquatic event" means an organized water event on fresh waters of
Mason County of limited duration, which is conducted according to a prearranged schedule.
(b) Submission of Application. An individual or organization, planning to hold a regatta, race, or aquatic
event which, by its nature, circumstances or location, may introduce extra or unusual hazards to the
safety of life on the waters of Mason County, shall submit an application to the county
commissioner's office. County staff shall provide a copy of the application to the sheriffs office and
the county department of community services for review of application, which shall be sent to the
county commissioners for permission to hold such an event.
(c) Where such events are to be held regularly or repeatedly in a single area by an individual or
organization, the county commissioners may, subject to conditions set from time to time by them,
grant a permit for such series of events for a fixed period of time, not to exceed one year.
(d) Applications shall be submitted on forms provided by the commissioner's office and shall be
submitted no less than ninety days prior to the start of said event and in any case not later than the
first day of the month of May of the year of the event. Each application shall be accompanied by a
permit fee of five hundred dollars.
(e) The application shall include the following details:
(1) The name and address of sponsoring organization;
(2) The name and address and telephone number of person or persons in charge of the event;
(3) Nature and purpose of event;
(4) Information as to general interest;
(5) Estimated number and types of watercraft participating;
(6) Estimated number of spectator watercraft;
(7) Estimated number of persons, participants, and all others;
(8) Minimum number of boats and persons being furnished by sponsoring organizations to patrol
event;
(9) A time schedule and detailed description of events;
(10) A section of a chart or scale drawing showing the boundaries of the event, various water
courses or areas to be utilized by participants, officials, and spectators;
(11) Placement and removal of the buoys or other marking devices the sponsor of such event shall
place upon the waters to set off any race course or other area;
(12) The provisions made by the sponsors for private patrolling to prevent the unauthorized entry
into the area of nonparticipants;
(13) The rescue and safety measures, including marked rescue boats, that shall be provided to
insure the safety of participants and others from injury or damage;
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Resolution No.55-16
(14) Provisions made for ambulances to be standing by;
(15) Provisions made for adequate toilet facilities for participants and spectators;
(16) Provision made for clean-up after the event;
(17) Prior inspection of participating boats to determine that they meet specifications as required for
mufflers as listed in Section 9.04.060(b);
(18) And such other information as the department of community servicesnd county sheriffs
department may require to fully inform it of the nature and extent of such event.
(f) Upon receiving an application to hold regatta, race or event, the county sheriffs office and the county
department of community services shall take the following actions or make the following
determinations:
(1) That the proposed regatta, race or event may be held in the proposed location with safety to life
and property;
(2) That the interest of safety of life and property requires changes in the application before it can
be approved;
(3) That the event requires no regulation or patrol of the proposed location;
(4) That the application be recommended for approval or rejection by the commissioners for stated
reasons;
(g) The application shall be sent with the recommendations of the county sheriff's office and the county
department of community services to the county commissioners not less than thirty days prior to
event.
(h) The county commissioners may, before taking action on the application, require the sponsoring
organization to petition or poll the property owners on the lake which would be affected by the event.
The county commissioners may also require that the sponsoring group post notice in the local paper
and/or at the proposed site of the event, prior to their taking action on said application.
(i) The county commissioners may close for general use any part or whole of a lake for the purpose of
the event, provided the approval of the application be on the condition that all terms specified in the
application be met by the sponsoring group.
0) The county commissioners may require a surety bond deemed adequate and subject to their
approval, from the holder of the permit, being for the payment of all damages which may be caused
either to person or persons or to property by reason of said event and arising from any acts of the
holder of the permit, his agents, employees, or subcontractors, and to insure that requirements for
markers, rescue equipment or other safety conditions stated in the application finally approved are
actually provided. Said bond shall run to Mason County for use and benefit of any person, firm, co-
partnership or municipality having a cause of action against the obligor of said bond.
(k) Each application shall be accompanied by a certificate of insurance showing that the sponsor has
obtained public liability, bodily injury, property damage and liquor liability insurance for the payment
of all damages which may be caused either to person or persons or to property by reason of said
event and arising from any acts of the holder of the permit, its agents, employees, or subcontractors,
and to insure that requirements for markers, rescue equipment or other safety conditions stated in
the application finally approved, are actually provided. Mason County shall be named as an
additional insured and shall be notified by the insurer at least twenty days prior to any cancellation of
the insurance, which shall have a minimum coverage of one million dollars per accident.
(1) The approval of any application and granting of a permit is within the discretion of the county board
of commissioners as set forth in this section.
(m) Permits that are issued are subject to the conditions that the applicant will fulfill the provisions
specified in the application finally approved. If at any time the sponsors or participants in such event
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Attachment A
Resolution No.55-16
violate any of the conditions contained in the application, such permit may be revoked by the sheriff
in the name of the county for the public safety.
(n) It is unlawful to tamper with or remove any cautionary signs as required except, by the applicant as
specified in subsection e of this section.
(o) Any testing for a motorboat race or regatta authorized under this section shall be limited as further
authorized in the application finally approved.
9.04.250-Swimming.
(a) Swimming shall be confined to:
(1) Restricted areas designated for swimming only; or
(2) The area within one hundred feet from a commercial or public pier, the shore, or a vessel
accompanying the swimmer. Such vessel shall display a red flag.
(b) Except in an emergency, swimming is prohibited at all times within designated channels.
9.04.260-Underwater diving.
(a) Underwater diving is prohibited:
(1) In any area unless the diver is accompanied by a vessel or the diving occurs within two hundred
feet of a properly displayed diver's flag; and
(2) Within three hundred feet of any ferry slip, public boat ramp, or restricted area designated for
swimming only, except pursuant to a permit issued by the board of county commissioners.
(b) It is unlawful to operate a vessel within two hundred feet of a diver's flag.
(c) When the density of divers flags would prohibit reasonable ingress or egress to a beach or dock.
9.04.290-Dumping debris.
It is unlawful for any person to dump or throw any oil, garbage, ashes, debris, gravel, earth, rock,
stone, trees, logs, roots, snags, stumps, brush, piles, lumber, containers, wood or metal scrap or other
waste or refuse in or upon navigable water or upon the shores thereof in such position that the same may
be washed into said water by waves, tides, storms, or floods.
9.04.300-Rental records.
Any person that rents or charters a vessel shall cause to be kept a record of the name and address
of the person or persons hiring the vessel, the identification number of the vessel, the departure date and
time and the date and time of the return of the vessel. Such record shall be preserved for not less than six
months from the date of departure of the vessel and shall be made available for inspection by any law
enforcement officer.
9.04.310-Safety devices on commercial piers.
Every owner, agent, lessee or other person in charge of any commercial pier open to the public shall
maintain on such pier at least one thirty-inch ring life buoy, and one thirty-inch life buoy for every three
hundred lineal feet of berthing space to each of which shall be attached at least two hundred feet of line,
one end of which shall be fastened to the ring life buoy. Each ring life buoy and attached line shall be kept
in a box on the pier readily available for use by the public in case of accident. The box shall be clearly
labeled and be at all times kept clear of obstructions. It is unlawful to use, remove or tamper with any ring
life buoy or its attached line except in the course of maintenance or inspection of the same or its box, or
for use in response to an emergency.
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Resolution No.55-16
9.04.320-When a vessel may be impounded without prior notice.
(a) A vessel may be impounded without giving prior notice to its owner as required in Section 9.04.330
hereof only under the following circumstances:
(1) When the vessel is anchored or moored and is impeding or likely to impede passage of other
vessels or obstructing or occupying any private moorage or anchorage belonging to someone
else; and
(2) When the vessel has remained anchored or moored at a public facility for one hour longer than
the maximum mooring or anchoring time;or
(3) When the vessel is unoccupied adrift or poses an immediate danger to the public safety; or
(4) When the vessel appears unseaworthy or has been sunk or grounded; or
(5) When there is no person on board the vessel with sufficient capacity under Section 9.04.100 to
operate the vessel; or
(6) When the operator of the vessel is arrested and there is no other person on board the vessel
with sufficient capacity under Sections 9.04.100 and 9.04.110 to operate the vessel; or
(7) When the operator of the vessel refuses or neglects to obey an order from a peace officer to
proceed from or to an area; or
(8) When a peace officer has probable cause to believe that the vessel is stolen; or
(9) When a peace officer has probable cause to believe that the vessel constitutes evidence of a
crime or contains evidence of a crime and if impoundment is reasonably necessary in such
instance to obtain or preserve such evidence.
(b) Nothing in this section shall be construed to authorize seizure of a vehicle without a warrant where a
warrant would otherwise be required.
9.04.330-When a vessel may be impounded after notice.
A vessel not subject to impoundment under Section 9,04.320 may be impounded after notice of such
proposed impoundment has been securely attached to and conspicuously displayed on the vessel for a
period of twenty-four hours prior to such impoundment, for the following reasons:
(a) When such vessel is moored, anchored and/or used in violation of any law, ordinance or
regulation; or
(b) When such vessel is abandoned, as that term is defined in Section 9.04.400.
9.04,340-How impoundment is to be effected.
When impoundment is authorized by this chapter, a vessel may be impounded by an officer or
authorized agent of the sheriffs department.
9.04.350-Owner of impounded vessel to be notified.
(a) Not more than forty-eight hours after impoundment of any vessel, the sheriff shall mail a notice to the
registered owner of the vessel, as may be disclosed by the vessel registration number, if such be
obtainable, and to any other person who claims the right to possession of the vessel, if such a claim
is known to an officer, agent or employee of the sheriffs department who has knowledge of the
impoundment. The notice shall be mailed to the registered owner at the address provided by the
Washington State Department of Licensing or the corresponding agency of any other state or
province. If a peace officer who has knowledge of the impoundment has reason to believe that an
owner, or one who claims to be an owner, is residing or in custody of some different address which is
known to the officer, a copy of the notice shall also be mailed or personally delivered to such owner
Page 12
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Attachment A
Resolution No.55-16
or claimant in a manner designed, as nearly as may be practicable, to give actual notice to him or
her. The notice shall contain the full particulars of the impoundment, redemption and opportunity for
hearing to contest the propriety of the impoundment as hereinafter provided.
(b) Similar notice shall be given to each person who seeks to redeem an impounded vessel, except that
if a vessel is redeemed prior to the mailing of notice, then notice need not be mailed.
(c) Similar notice shall likewise be given at the time of releasing a vessel impounded for investigatory
purposes pursuant to Section 9.04.330(e), except that if a vessel is redeemed following notice by
telephone and prior to the mailing of notice, then notice need not be mailed.
9.04.360-Redemption of impounded vessels.
Vessels impounded by the county shall be redeemed only under the following circumstances.
(a) Only the registered owner, a person authorized by the registered owner or one who has
purchased a vessel from the registered owner who produces proof of ownership or authorization
and signs a receipt therefor, may redeem an impounded vessel.
(b) Any person so redeeming an impounded vessel shall pay the costs of towing and storage prior
to redeeming such vessel, except as provided for by subsection (c)of this section.
(c) Any person seeking to redeem an impounded vessel has a right to a hearing in district court to
contest the validity of impoundment or the amount of towing and storage charges and such
person shall have his or her vessel released when such person makes such request for a
hearing in writing on a form approved by the court and signed by such person; provided further
that at the time of requesting such hearing such person shall also execute a promise in writing
in the form of a promissory note in an amount to include the costs of towing and storage, a civil
penalty of one hundred dollars, plus any collection costs, which promissory note shall
immediately become due and owing in the event such person either: (1) fails to appear at the
requested hearing provided for in this chapter, or(2) fails to pay, or make arrangements to pay
within forty-eight hours after such hearing, any towing and storage charges for which such
person may be found liable at such hearing. Such promissory note shall be automatically
canceled and discharged when person either (1) cancels his or her request for a hearing and
pays the towing and storage charges and the cancellation fee as provided in Section 9.04.370
or (2) pays or makes arrangements to pay the towing and storage charges and other costs
within forty-eight hours after having been found liable therefor at the hearing provided for in this
section and Section 9.04.380.
9.04.370-Cancellation of hearing.
Any persons redeeming an impounded vessel in accordance with subsection (c) of Section 9.04.360,
shall have until seven days after the date of the request for a hearing to cancel such hearing.
9.04,380-Post-impoundment hearing procedure.
Hearings requested pursuant to Section 9.04.360 shall be held in the district court, which court shall
determine whether the impoundment was proper and whether the towing and/or storage fees charged in
such connection were proper. If the impoundment is found to be proper, then towing and storage fees
shall be assessed against the owner of the vessel in addition to the fine for the offense. In the event a
person requesting a hearing either: (1) fails to appear at the hearing, or (2) fails to pay or make
arrangement to pay within forty-eight hours after the hearing any impoundment fee assessed by the court
at the hearing, a civil penalty and the costs of collection may be assessed by the district court and the
court may enter judgment on the promissory note provided for in Section 9.04.360(c) in addition to the
fine for the offense.
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Attachment A
Resolution No.55-16
9.04.390-Responsibility for fees as to standby time,stolen vessels or vessels held for investigatory
purposes.
(a) No towing or storage charges shall be assessed against the owner of a vessel when the vessel is
impounded by order of the sheriffs department, and not by direction of the vessel owner, and verified
as stolen by the sheriffs department when:
(1) Substantial evidence of the theft exists, as determined by the covering officer; or
(2) The vessel was reported stolen before it was impounded, and there is no tangible evidence of
negligence by an authorized operator which contributed to the theft, including but not limited to
keys left on or in the vessel.
Provided that the owner or the person authorized to redeem the vessel shall pay storage charges
commencing on the sixth day after impoundment for such purpose.
(b) No towing or storage charges shall be assessed against the owner of a vessel which is being held
for investigatory purposes pursuant to Section 9.04.320(a)(8) and which is redeemed within ninety-
six hours after the sheriffs department shall have notified the owner of the release of such vessel in
writing in the manner provided in Section 9.04.350(c): provided that such owner or person authorized
to obtain possession of such impounded vessel shall pay any charges assessed for storage after
such ninety-six-hour period; provided further, that if the registered owner or the operator authorized
by the registered owner is arrested or charged with a crime in connection with the incident leading to
impoundment, the owner is not exempted from towing or storage charges.
9.04.400-Abandoned vessel.
Any impounded vessel not redeemed within fifteen days of mailing of the notice required by Section
9.04,350 shall be deemed abandoned; provided, that if the sheriff has reason to believe that the owner of
such impounded vessel is in custody, it shall be presumed that the vessel is not abandoned and such
vessel shall not be deemed abandoned except upon a determination by the court after the prisoner has
had an opportunity to be heard regarding the property of the impoundment and circumstances giving rise
to such impoundment; provided further that, in the case of a vessel impounded by order of a peace officer
and held pursuant to such order, the fifteen days shall not begin until forty-eight hours after the sheriff
shall have notified the owner in accordance with Section 9.04.350(c) that it has authorized the release of
the vessel.
9.04.410-Disposition of vessels as unclaimed property.
An abandoned vessel not redeemed after notice within the periods provided by Section 9.04.400,
with charges for towing and storage remaining due and unpaid, shall be subject to disposition under RCW
63.40.010 as unclaimed property.
9.04.420-Restricted lakes.
(a) Internal combustion (i.e., gasoline and/or diesel) powered motor boats shall not be operated at
any time on any of the following named lakes and those lakes of less than twenty-five acres in
area..
Page 14
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Attachment A
Resolution No.55-16
E
I
I
RESTRICTED LAKES
a
Aldrich Devereaux i Johns Steves
� Armstrong � Dry Beds Kent � Tena
Benson Emmons Kokanee Trails End (Prickett)
Cady Erdman Larson i Trask
Carson _ Erickson Maggie -T( Twin
r Catfish Grass Oak i U
Clara Hanks Big Osborne Wheeler
Clear Hanks Little Panhandle Wildberry
Collins Hatchery Robinson Wood
! Coon Howell Shoe
I Crate;7 Jiggs — Standstill
(b) No personal watercraft(i.e.jet skis)shall be allowed on the Mason County side of Panther and
Tiger Lakes. (c) See Section 9.04.230 for information on the process of restricting activities on county
bodies of water. (d) Notice: there may be additional specific restrictions on bodies of water in the
county adopted under Section 9.04.230.
9.04.430—Civil penalties.
A violation designated in this chapter as a civil infraction shall constitute a civil infraction pursuant to
chapter 7.84 RCW.
Page 15