HomeMy WebLinkAbout2018/08/28 - Regular BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS
Mason County Commission Chambers, 411 North Sth Street, Shelton, WA
August 28, 2018
1. Call to Order—The Chairperson called the regular meeting to order at 6:02 p.m.
2. Pledge of Allegiance— Rob Drexler led the flag salute.
3. Roll Call — Present: Commissioner District 1 - Randy Neatherlin; Commissioner District 2— Kevin
Shutty; Commissioner District 3 —Terri Drexler.
4. Correspondence and Organizational Business
4.1 Correspondence
4.1.1 Washington State Liquor and Cannabis Board sent a liquor license application for
Wanaka Winery 23501 North US Highway 101, Hoodsport.
4.1.2 U.S. Department of Homeland Security's Federal Emergency Management Agency
(FEMA) sent approval for the Mason County Hazard Mitigation Plan as a multi-
jurisdictional local plan per the Code of Federal Regulations Title 44 Part 201.
4.1.3 Numerous Public comments were received regarding motorboat regulations on Lake
Kokanee.
4.2 News Release- Planning Advisory Commission Vacancy. Staff: Kell Rowen
4.3 News Release- Eells Hill one day closures. Staff: Bart Stepp
5. Open Forum for Citizen Input— None.
6. Adoption of Agenda - Cmmr. Drexler/Shutty moved and seconded to adopt the agenda as
published. Motion carried unanimously. N-aye; S-aye; D-aye.
7. Approval of Minutes-July 10, 2018 August 21, 2018 Regular meeting minutes
Cmmr. Shutty/Drexler moved and seconded to approve the July 10th and August 21, 2018
regular meeting minutes. Motion carried unanimously. N-aye; S-aye; D-aye.
8. Approval of Action Agenda:
8.1 Approval of the amended Order of Sale requesting the Mason County Treasurer to
schedule an online auction with Bid4Assets to sell certain tax title properties.
8.2 Approval of Warrants &Treasure Electronic Remittances
Claims Clearing Fund Warrant #s 8058572-8058829 $ 2,609,348.75
Direct Deposit Fund Warrant #s 52355-52732 $ 676,290.88
Salary Clearing Fund Warrant #s 7003850-7003876 $ 472,217.85
8.3 Approval of Agreement No. W2RWRRED-2019-MaCoPH-00005 between The
Washington State Department of Ecology and Mason County Public Health.
Cmmr. Drexler/Shutty moved and seconded to approve action items 8.1 through 8.3. Motion
carried unanimously. N-aye; S-aye; D-aye.
9. Other Business (Department Heads and Elected Officials)-None
BREAK
6:25-6:30
10. 6:30 p.m. Public Hearings and Items set for a certain time—
10.1 Public Hearing to consider amending boating regulations pertaining to Lake Kokanee.
Staff: Diane Zoren
BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS
August 28, 2018 - PAGE 2
Diane explained that this hearing is to amend boating regulations on Lake Kokanee. She
gave history of regulation changes from 1993 and 2016, adding that this lake was added
to the restricted list, possibly in error.
Diane was asked what the 1993 restrictions were. She read resolution 31-93 aloud.
An unknown gentleman asked if Tacoma Power had any input regarding the possible
change in regulation. Cmmr. Drexler did receive a letter asking that Tacoma Power be
given an exemption to use a motor on the lake for maintenance purposes.
Public Testimony:
Don Hays stated that the law is too ambiguous due to lack of direction from the Board. He spoke
to the lack of service received from the Sheriff's office and the County in general.
Scott Williams spoke in support of prohibiting gas motors on Lake Kokanee. He talked about
some of the issues in the area and how he would like to make area recreation safe and
enjoyable. Cmmr. Neatherlin asked him to elaborate on the issues with the private road. Scott
explained the lack of guardrail and lack of sidewalk.
Kevin Nelson said in regards to the hatchery, he spoke to an employee there and questioned if
internal combustion motors contaminate the water and was told the motor would not affect the
hatchery.
Penny Davis said that the lake is very quiet and usually only becomes busy on long weekends or
holidays. She addressed the restricted lake list in Mason County Code versus the list of restricted
lakes on the Washington State, noting that Lake Kokanee is 150 acres and is large enough for
internal combustion engines. Penny acknowledged those that wish to kayak, while noting that
they are only out in the summer months while those that live up on the lake use it year round for
boating. She suggested adding a much larger sign at the boat launch.
Ken Boston noted that the petition received was not approved by their homeowners association
and should have been. He asked that the petition not be accepted.
David Anderson talked about the need to police the lake.
Mike Jones spoke to the issues with electric motors versus gas engines. He said that it is
dangerous for residents to use the electric motors because there is no gauge to measure how
much power is left and it is extremely far to row by hand from some spots.
Dean Morrow spoke in favor of allowing the 7.5 horsepower engines.
Ron Davis also spoke in favor of allowing 7.5 horsepower engines. He talked about the residents
and visitors using electric engines he has had to save. Ron said the lake is about three miles long
and can be too much for the small electric motors.
Catherine Edwards relayed some issues with larger boats and kayaks. She said that many boaters
will use their 7.5 HP engines to exit the dock then will drop larger engines once they are in the
middle of the lake. She questioned how patrolling would be done on the lake to make sure
boaters are not using larger engines.
BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS
August 28, 2018 - PAGE 3
Tom Treibel talked about some of the illegal activities he has seen on the lake. He suggested
language restricting gas engines on boat so they are not able to use it when law enforcement is
not present.
Gale Heil stated that she doesn't have an issue with the 7.5 hp or electric motors. She said her
main concern is the boaters that use large engines, and the lack of general enforcement.
Julie Nelson asked that the Board visit the park to see where signs should be posted for the best
visibility.
Kristie Treibel spoke about the design of the lake and how it is very narrow in some places. She
said she is very much in favor of the electric motors, but suggested a "season"for use of gas
engines.
Rob Nunan asked for specific definitions on whatever language is adopted for better clarity.
Cmmr. Shutty thanked all of those present noting that no matter the decision, not everyone will
be happy. He went over the facts given by Diane Zoren at the beginning of the hearing. Cmmr.
Shutty noted that a bigger conversation needs to be had with the Sheriff's office regarding how
they police the waters in the County, and suggested the possibility of working with DFW.
Cmmr. Drexler also thanked everyone for attending then apologized for all of the confusion they
have experienced. She talked about the fact that Lake Kokanee is 150 acres which is quite large
for electric only. Cmmr. Drexler explained that if what is passed is not acceptable to the
residents, they can submit a formal petition for further review. She said she is in favor of
returning to the 7.5 hp engine restriction.
Cmmr. Neatherlin agreed with Cmmr. Drexler in that the lake is large. He acknowledged the
statements made regarding the danger of using an electric engine on a lake that size. Cmmr.
Neatherlin suggested that property values would go down if gas engines were banned. He spoke
in return of 7.5 hp and suggested consideration of restricting large engines. Cmmrs. Drexler and
Shutty said she would be in favor of visiting that topic as well.
Cmmr. Shutty/Drexler moved and seconded to amend Mason County Code 9.04 to the
language adopted in 1993 that allowed no personal watercraft and required all
internal combustion engines to be no larger than 7.5hp on Lake Kokanee. Motion
carried unanimously. N-aye; S-aye; D-aye. (Ex. A 57-18)
11. Board's Reports and Calendar-The Commissioners reported on meetings attended the past week
and announced their upcoming weekly meetings.
12. Adjournment—The meeting adjourned at 7:38 p.m.
BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS
August 28, 2018 - PAGE 4
BOARD OF COUNTY COMMISSIONERS
ATTEST: MASON COUNTY, WASHINGTON
A
Me ss ry, Clerk 6f the Board Rand Neatherlin, Chair
,�. ,,..
Terri Drexler, mm' sioner
Kevin Shutty, mmissioner
RESOLUTION NO. 5 7-
AMENDING RESOLUTION 55-16 RELATING TO MOTORBOAT REGULATIONS CHAPTER 9.04.420
RESTRICTED LAKES PERTAINING TO LAKE KOKANEE 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;
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;
WHEREAS, on March 30, 1993, restrictions were placed on Lake Kokanee stating no personal
watercraft shall be allowed on Lake Kokanee and all internal combustion powered motorboats
shall be restricted to no more than 7 1/2 horsepower engines;
WHEREAS, in 2016 the boating regulations were amended to allow for more consistent
enforcement and in that process Lake Kokanee was placed on the restricted lakes list (Chpt.
9.04.420 Restricted lakes) that allow no internal combustion powered motor boats;
WHEREAS, the County Commissioners held a public hearing on August 28, 2018 to consider
public comment on amending Chapter 9.04.420 of the Mason County Code;
NOW, THEREFORE BE IT RESOLVED by the Board of Mason County Commissioners that
Chapter 9.04.420, Restricted lakes, of the Mason County Code is amended removing Lake
Kokanee from (a) Restricted Lakes list and adding (c) No personal watercraft (i.e. jet skis) shall
be allowed on Lake Kokanee and all internal combustion powered motorboats shall be restricted
to no more than 7 1/2 horsepower engines as reflected in Attachment A.
Adopted this 28t' of August, 2018.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, ASHINGTON
ATTEST:
%y Randy eatherlin, Chair
M�issa r wry, Cle of the Board
APPROVED AS TO FORM: Terri Drexler, Conimissioner
1
Tim Whitehead, ChAgf DPA Kevin Shu , Commissioner
J:\DLZ\Motorboat Reg u lations\Motorboats Resolution - Lake Kokanee.dooc
Attachment A
Chapter 9.04- MOTORBOATSU
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.
(Res. No. 55-16, Att. A, 8-16-2016)
9.04.020-Definitions.
The words listed below as used in this chapter mean as follows:
"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.
"COLREGS" means the International Regulations for Preventing Collisions at Sea.
"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.
"Motorboat" means any vessel propelled in any respect by machinery and/or any vessel air/water jet
propelled, including those temporarily equipped with detachable motors.
"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.
"Person" means any natural person, partnership, association, or corporation.
"Personal flotation device" means life preservers, buoyant vests, special purpose water safety
devices, buoyant cushions, ring buoys, and work vests.
"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.
"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.
"RCW'mean Revised Code of Washington.
"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.
"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.
"Underwater diving" means the activity of submerging in water while equipped with snorkeling, hard
hat, or scuba diving equipment.
Page 1 of 1
Attachment A
"Vessel" means any contrivance used or designed for navigation or as a means of transportation on
water.
'Waters", means any waters within the territorial limits of Mason County.
"Water skier" means a person in tow from a vessel riding on water skis, aquaplane, surfboard, or
other similar device.
(Res. No. 55-16, Att. A, 8-16-2016)
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.
(Res.No. 55-16, Att. A, 8-16-2016)
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
(a) 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:
(1) 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
(2) a. Has in his or her possession a boater education card, unless exempted under
subsection (c)of this section, or
b. 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.
(b) The following persons are not required to carry a boater education card:
(1) 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;
(2) 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;
(3) 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;
(4) 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,-
(5)
9A.60.190;(5) 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 of 2
Attachment A
(6) 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;
(7) 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;
(8) 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;
(c) Except as provided in subsection (b)(1)through (8) 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 (b)(1) and (2) of this section, to a law enforcement
officer upon request.
(d) 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.
(e) 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.
(Res.No. 55-16, Att. A, 8-16-2016)
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.
(Res. No. 55-16,Att. A, 8-16-2016)
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.
(Res. No. 55-16, Att. A, 8-16-2016)
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;
Page 3 of 3
Attachment A
(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.
(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.
(Res. No. 55-16, Att. A, 8-16-2016)
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.
(Res. No. 55-16, Att. A, 8-16-2016)
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 willful
or wanton disregard for the safety of persons or property.
(Res.No. 55-16, Att. A, 8-16-2016)
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.
Page 4 of 4
Attachment A
(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 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 RCW 79A.60.040(4)(a) constitutes a
class 1 civil infraction under RCW 7.80.120.
(Res. No. 55-16, Att. A, 8-16-2016)
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.
(Res.No. 55-16, Att. A, 8-16-2016)
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).
(Res.No. 55-16, Att. A, 8-16-2016)
9.04.125-Traffic pattern.
All vessels in fresh water lakes shall travel in a counter-clockwise pattern at all times.
Page 5 of 5
Attachment A
(Res. No. 55-16, Att. A, 8-16-2016)
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 under water;
(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.
(Res. No. 55-16, Att. A, 8-16-2016)
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 one hundred fifty 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 one hundred fifty 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.
(Res. No. 55-16, Att. A, 8-16-2016)
9.04.135-Water skiing.
No vessel shall be operated with a water skier or other occupied contrivance in tow unless:
Page 6 of 6
Attachment A
(a) 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.
(b) Pattern. All vessels shall go in a counter-clockwise pattern in accordance with Section
9.04.125.
(c) Both vessel and person in tow are over three hundred feet from shoreline of saltwater or one
hundred fifty 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 feet from the shoreline of saltwater or one hundred fifty 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.
(Res. No. 55-16, Att. A, 8-16-2016)
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 ramp shall
constitute interference with navigation.
(Res. No. 55-16, Att. A, 8-16-2016)
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.
(Res. No. 55-16, Att. A, 8-16-2016)
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.
(Res. No. 55-16, Att. A, 8-16-2016)
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.
Page 7 of 7
Attachment A
(Res. No. 55-16, Att. A, 8-16-2016)
Editor's note—Exhibit B as mentioned above has not been set out. A copy is kept on file in the
county offices.
9.04.190-Obedience to peace officers.
No person shall willfully 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.
(Res. No. 55-16. Att. A. 8-16-2016)
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.
(Res. No. 55-16, Att. A, 8-16-2016)
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.
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.
(Res. No. 55-16, Att. A, 8-16-2016)
9.04.215-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.
(Res. No. 55-16, Att. A, 8-16-2016)
Editor's note—Res. No. 55-16, Att. A, adopted August 16, 2016,enacted provisions designated
as § 9.04.210. Inasmuch as the section so numbered already exists, said provisions have been
redesignated as § 9.04.215, at the discretion of the editor.
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
Page 8 of 8
Attachment A
beyond a capacity which is reasonable and prudent under given atmospheric conditions and other actual
and potential hazards affecting operation.
(Res. No. 55-16, Att. A, 8-16-2016)
9.04.230- Restricted areas—Special use regulations.
(a) The board of county commissioners may designate certain restricted 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)
egulation(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.
(Res. No. 55-16, Att. A, 8-16-2016)
9.04.235-Shoreline marker buoys.
Lake waterfront property owners may place one appropriate floating buoy one hundred fifty [feet]
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 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.
(Res. No. 55-16, Att. A, 8-16-2016)
9.04.240-Regattas, races,or aquatic events.
(a) Definitions.
Page 9 of 9
Attachment A
"Frequency" means the number of regattas, races or aquatic events which may be held pursuant to
the application and permit procedures provided for herein.
"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;
(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 services and county sheriffs
department may require to fully inform it of the nature and extent of such event.
Page 10 of 10
Attachment A
(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 sheriffs 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.
Q) 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
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.
(Res. No. 55-16, Att. A, 8-16-2016)
Page li of li
Attachment A
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.
(Res. No. 55-16, Att. A, 8-16-2016)
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.
(Res. No. 55-16, Att. A, 8-16-2016)
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.
(Res. No. 55-16, Att. A, 8-16-2016)
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.
(Res. No. 55-16, Att. A, 8-16-2016)
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
Page 12 of 12
Attachment A
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.
(Res. No. 55-16, Att. A, 8-16-2016)
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
(S) 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.
(Res.No. 55-16, Att. A, 8-16-2016)
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.
(Res. No. 55-16, Att. A, 8-16-2016)
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.
Page 13 of 13
Attachment A
(Res. No. 55-16, Att. A, 8-16-2016)
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
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, except that if a vessel is redeemed following notice by
telephone and prior to the mailing of notice, then notice need not be mailed.
(Res. No. 55-16, Att. A, 8-16-2016)
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.
(Res. No. 55-16, Att. A, 8-16-2016)
Page 14 of 14
Attachment A
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.
(Res. No. 55-16, Att. A. 8-16-2016)
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.
(Res. No. 55-16, Att. A, 8-16-2016)
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.
(Res. No. 55-16, Att. A, 8-16-2016)
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
Page 15 of 15
Attachment A
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.
(Res. No. 55-16, Att. A, 8-16-2016)
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.
(Res.No. 55-16,Att. A, 8-16-2016)
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.
RESTRICTED LAKES
Aldrich i Devereaux Johns Tena
i
Armstrong Dry Beds Kent Trails End (Prickett)
Benson Emmons I Larson Trask
Cady Erdman Maggie Twin
Carson Erickson Oak U
Catfish Grass Osborne Wheeler
Clara Hanks Big Panhandle Wildberry
Clear Hanks Little Robinson Wood
Collins Hatchery Shoe
Coon Howell Standstill
Crater Jiggs Steves
I
Page 16 of 16
Attachment A
(b) No personal watercraft(i.e. jet skis) shall be allowed on the Mason County side of Panther and Tiger
Lakes.
(c) No personal watercraft(i.e.jet skis)shall be allowed on Lake Kokanee and all internal combustion
powered motorboats shall be restricted to no more than 7 '/:horsepower engines.
(d) See Section 9.04.230 for information on the process of restricting activities on county bodies of
water.
(e) Notice. There may be additional specific restrictions on bodies of water in the county adopted under
Section 9.04.230.
(Res. No. 55-16, Att. A, 8-16-2016)
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.
(Res.No. 55-16, Att. A, 8-16-2016)
Page 17 of 17