Title 9
PEACE, MORALS AND SAFETY
Chapters:
9.04 Motorboats
9.08 Transportation of Minor Forest Products
9.16 Intoxicating Liquor
9.24 Firearms
9.28 Vandalism
9.32 Litter Control
9.36 Noise Control
9.40 Alarm Systems
9.44 County Parks and Fairgrounds
9.48 Outdoor Burning Program
9.52 Office of Environmental Health Schedule of Solid Waste Fees
9.56 Excessive Force Policy
9.60 Clean Indoor Air Act
Chapter 9.04
MOTORBOATS*
Sections:
9.04.010 Intention of chapter.
9.04.020 Definitions.
9.04.030 Numbering required.
9.04.040 Equipment.
9.04.050 Whistles and lights.
9.04.060 Mufflers.
9.04.070 Negligent operation.
9.04.080 Reckless operation.
9.04.090 Operation while under the influence of liquor or drugs.
9.04.100 Incapacity of operator.
9.04.110 Underage operator
9.04.120 Steering and sailing.
9.04.130 Speed regulations.
9.04.140 Interference with navigation.
9.04.150 Mooring at private docks without permission.
9.04.160 Exemption to authorized emergency vessels.
9.04.170 Operation right-of-way rules.
9.04.180 Boating accident and casualty reports.
9.04.190 Obedience to peace officers.
9.04.200 Refusal to stop.
9.04.210 Examination of equipment.
9.04.220 Overloading and overpowering.
9.04.225 Traffic pattern.
9.04.230 Restricted areas– Special use regulations.
9.04.235 Shoreline marker buoys.
9.04.240 Regattas, races, or aquatic events.
9.04.250 Swimming.
9.04.260 Underwater diving.
9.04.270 Water skiing.
9.04.280 Personal flotation devices to be worn.
9.04.290 Dumping debris.
9.04.300 Rental records.
9.04.310 Safety devices on commercial piers.
9.04.320 When a vessel may be impounded without prior notice.
9.04.330 When a vessel may be impounded after notice.
9.04.340 How impoundment is to be effected.
9.04.350 Owner of impounded vessel to be notified.
9.04.360 Redemption of impounded vessels.
9.04.370 Cancellation of hearing.
9.04.380 Post-impoundment hearing procedure.
9.04.390 Responsibility for fees as to standby time, stolen vessels or vessels held for investigatory purposes.
9.04.400 Abandoned vessel.
9.04.410 Disposition of vessels as unclaimed property.
9.04.420 Restricted lakes.
9.04.430 Misdemeanor penalties.
* Prior history: Res. passed August 1, 1960, Ords. 72-84, 32-86 and Res. 61-88.
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. 83-88 (part), 1988).
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) "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.
(3) "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.
(4) "Operator" means the person who is in control or in charge of a vessel while it is in use.
(5) "Person" means any natural person, partnership, association, or corporation.
(6) "Personal flotation device" means life preservers, buoyant vests, special purpose water safety devices, buoyant cushions, ring buoys, and work vests.
(7) "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.
(8) "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.
(9) "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.
(10) "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.
(11) "Underwater diving" means the activity of submerging in water while equipped with snorkeling, hard hat, or scuba diving equipment.
(12) "Vessel" means any contrivance used or designed for navigation or as a means of transportation on water.
(13) "Waters" means all navigable waters, salt and fresh, in Mason County.
(14) "Water skier" means a person in tow from a vessel riding on water skis, aquaplane, surfboard, or other similar device.
(Ord. 88-92 (part), 1992: Res. 83-88 (part), 1988).
9.04.030 Numbering required.
All vessels used on the waters of this county shall be numbered or designated in accordance with any applicable United States law as now or hereafter amended.
(Res. 83-88 (part), 1988).
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 by Chapter 352-60, Washington Administrative Code, (Exhibit A) as now or hereafter amended.
(Res. 83-88 (part), 1988).
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. 83-88 (part), 1988).
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.
(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. 83-88 (part), 1988).
9.04.070 Negligent operation.
It is unlawful for any person to operate a vessel in a negligent manner. For the purpose of this section, to "operate in a negligent manner" shall be construed to mean the operation of a vessel in such manner as to endanger or be likely to endanger any person or property.
(Res. 83-88 (part), 1988).
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.
(a) A person is guilty of operating a vessel while under the influence of intoxicating liquor or any drug if the person operates a vessel while:
(1) The person is under the influence of or affected by intoxicating liquor or any drug; or
(2) The person is under the combined influence of or affected by intoxicating liquor 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. A person cited under this subsection may upon request be given a breath test for blood alcohol or may request to have a blood sample taken for blood alcohol analysis. An arresting officer shall administer field sobriety tests when circumstances permit.
(Res. 83-88 (part), 1988).
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. 83-88 (part), 1988).
9.04.110 Underage operator.
It is unlawful for any minor under the age of sixteen years to operate or be permitted, by the owner or person having charge of a motorboat, to operate a motorboat powered by a motor of ten horsepower or more unless accompanied by a person who is over the age of eighteen and who meets all requirements as specified in Sections 9.04.090 and 9.04.100. It is unlawful for a minor ten years of age or under to operate or be permitted to operate any motorboat.
(Res. 83-88 (part), 1988).
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. 83-88 (part), 1988).
9.04.130 Speed regulations.
(a) Speed Limits. No vessel shall exceed the following speeds:
(1) Within one hundred feet of a swimmer, 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 half hour after sunset to one half 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. 88-92 (part), 1992: Res. 83-88 (part), 1988).
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.
(Res. 83-88 (part), 1988).
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. 83-88 (part), 1988).
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. 83-88 (part), 1988).
9.04.170 Operation right-of-way rules.
The operation rules between vessels 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.
(Ord. 49-04 (part), 2004; Ord. 88-92 (part), 1992: Res. 83-88 (part), 1988).
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.
(Res. 83-88 (part), 1988).
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.
(Res. 83-88 (part), 1988).
9.04.200 Refusal to stop.
No person shall, while operating or in charge of a vessel, refuse or neglect to stop when signaled to stop by any peace officer.
(Res. 83-88 (part), 1988).
9.04.210 Examination of equipment.
No person shall, while operating or in charge of a vessel, refuse to permit a peace officer to make an examination of any equipment of such vessel.
(Res. 83-88 (part), 1988).
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.
(Ord. 88-92 (part), 1992: Res. 83-88 (part), 1988).
9.04.225 Traffic pattern.
All vessels in fresh water lakes shall travel in a counter-clockwise pattern at all times.
(Ord. 88-92 (part), 1992).
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 or 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;
(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.
(Ord. 88-92 (part), 1992: Res. 83-88 (part), 1988).
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.
(Ord. 88-92 (part), 1992).
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 sheriff's office and the county department of general services for approval 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 two hundred dollars, to be paid to the county commissioners before submitting the application pursuant to Section 9.04.240(b).
(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 general services and county sheriff's 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 sheriff's office and the county department of general 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 general services to the county commissioners not less than thirty days prior to event of general 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.
(j) 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.
(l) 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. 83-88 (part), 1988).
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. 83-88 (part), 1988).
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.
(Ord. 49-04 (part), 2004; Ord. 88-92 (part), 1992: Res. 83-88 (part), 1988).
9.04.27 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 9.04.110 and one observer at least twelve years of age.
(2) Pattern. All vessels shall go in a counter-clockwise pattern in accordance with Section 9.04.225.
(3) 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.
(Ord. 88-92 (part), 1992: Res. 83-88 (part), 1988).
9.04.280 Personal flotation devices to be worn.
Any person operating or riding a sail board, wind surfer, water scooter or motorized surf board must wear at all times a personal flotation device that is approved by the United States Coast Guard.
(Res. 83-88 (part), 1988).
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. 83-88 (part), 1988).
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. 83-88 (part), 1988).
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.
(Res. 83-88 (part), 1988).
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.
(Res. 83-88 (part), 1988).
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. 83-88 (part), 1988).
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 sheriff's department.
(Res. 83-88 (part), 1988).
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 sheriff's 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(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.
(Res. 83-88 (part), 1988).
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. 83-88 (part), 1988).
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. 83-88 (part), 1988).
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. 83-88 (part), 1988).
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 sheriff's department, and not by direction of the vessel owner, and verified as stolen by the sheriff's 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 sheriff's 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. 83-88 (part), 1988).
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.
| Aldrich | Crater | Howell | Shoe |
| Armstrong | Devereaux | Jiggs | Standstill |
| Benson | Dry Beds | Johns | Steves |
| Cady | Emmons | Kent | Tena |
| Carson | Erdman | Larson | Trask |
| Catfish | Erickson | Maggie | Twin |
| Clara | Grass | Oak | U |
| Clear | Hanks Big | Osborne | Wheeler |
| Collins | Hanks Little | Panhandle | Wildberry |
| Coon | Hatchery | Robinson | Wood |
(b) See Section 9.04.230 for information on the process of restricting activities on county bodies of water.
(c) Notice: there may be additional specific restrictions on bodies of water in the county adopted under Section 9.04.230.
(Res. 34-97, 1997; Res. 76-96, 1996; Ord. 88-92 (part), 1992: Res. 83-88 (part), 1988).
9.04.430 Misdemeanor penalties.
Any violation of this boating ordinance is a misdemeanor punishable by a fine of not less than fifty dollars and not more than one thousand dollars, or by imprisonment in the County Jail for a period not to exceed ninety days, or by both such fine and imprisonment.
(Res. 83-88 (part), 1988).
Chapter 9.08 Sections:
9.08.010 Definitions. 9.08.020 Cutting, picking, removing products without owner consent unlawful. 9.08.030 Transporting trees taken without consent unlawful. 9.08.040 Transporting more than one Christmas tree– Requirements. 9.08.050 Transporting more than one minor forest product– Loadticket required. 9.08.060 Transporting cedar products– Load ticket required. 9.08.070 Investigations. 9.08.080 Stopping, inspection and searching persons and vehicles– Hindering officer evidence of violation. 9.08.090 Violation– Arrest or summons. 9.08.100 Receiving trees or products from person withholding information unlawful. 9.08.110 Purchasing trees and products– Book required.
9.08.010 Definitions.
For the purpose of this chapter the following definitions shall apply:
(1) "Cedar products" mean shakes, shake boards, shingle bolts, fence posts, hop poles, pickets or any other cedar product not normally transported as logs, poles or piling.
(2) "Christmas trees" mean any evergreen trees commonly known as Christmas trees, including fir, hemlock, spruce, pine and cedar trees, but excepting logs, poles, pilings or other forest products from which substantially all the limbs and branches have been removed.
(3) "Cutter" or "Picker" means any person, firm or corporation or agent thereof who cuts, digs, breaks or removes Christmas trees, minor forest products or cedar products.
(4) "Minor forest product" means evergreen foliage, cascara bark, huckleberry brush, salal, sword ferns, rhododendron greens and huckleberries, and seed cones.
(Ord. 99 § 1, 1970).
9.08.020 Cutting, picking, removing products without owner consent unlawful.
It is unlawful for any cutter or picker in Mason County to cut, dig, break, pick or remove from any private lands any Christmas trees, minor forest products or cedar products without the consent, express or implied, of the owner or lessee thereof.
(Ord. 99 § 2, 1970).
9.08.030 Transporting trees taken without consent unlawful.
It is unlawful for any person, firm or corporation, or the agent thereof, to transport over the highways of this county any Christmas trees, minor forest products or cedar products which he or his agent or principal has taken without the consent, express or implied, of the landowner or his authorized lessee or agent.
(Ord. 99 § 3, 1970).
9.08.040 Transporting more than one Christmas tree– Requirements.
It is unlawful for any cutter or picker of Christmas trees, or his agent, to transport over the highways of this county more than one Christmas tree without having in his possession a dated bill of sale, certificate of ownership, or bill of lading showing the number of trees, by species, sold or transferred by any such document and showing his title thereto.
(Ord. 99 § 4, 1970).
9.08.050 Transporting more than one minor forest product– Load ticket required.
It is unlawful for any person, firm or corporation or his or their agent or employee to transport minor forest products over the highways of this county in a quantity of more than one evergreen tree and/or one pound of other minor forest products without having in his or their possession a load ticket signed by the driver on which will set forth the following information:
(1) The name and address of the owner or lessee of the lands where the minor forest products were cut, broke, picked, dug or removed, or in the alternative, the legal description of the lands from where the minor forest products were taken and removed, or in the further alternative the name and address of the person, firm or corporation from whom the minor forest products were received;
(2) The destination of the minor forest products, and
(3) The date the minor forest products were taken and removed from the land, or delivered to the person transporting the minor forest products.
(Ord. 99 § 5, 1970).
9.08.060 Transporting cedar products– Load ticket required.
It is unlawful for any person, firm or corporation or his or their agent or employee to transport cedar products over the highways of this county without having in his or their possession a load ticket signed by the driver on which will set forth the following information:
(1) The name and address of the owner or lessee of the lands where the cedar products were cut or removed, or in the alternative, the legal description of the lands from where the cedar products were cut and removed, or in the further alternative the name of the person, firm or corporation from whom the cedar products were received;
(2) The destination of the cedar products; and
(3) The date the cedar products were cut and removed from the land, or delivered to the person transporting the cedar products.
(Ord. 99 § 6, 1970).
9.08.070 Investigations.
All peace officers shall note and investigate the transportation of Christmas trees, minor forest products and/or cedar products for the purpose of preventing violations of the provisions of this chapter.
(Ord. 99 § 7, 1970).
9.08.080 Stopping, inspection and searching persons and vehicles– Hindering officer evidence of violation.
Any peace officer, which term includes forest wardens and game protectors, shall have the power to stop, inspect and search without a warrant any person or vehicle observed transporting one or more Christmas trees, one or more pounds of minor forest products and/or cedar products for the purpose of ascertaining whether or not the same are being transported in violation of the provisions of this chapter. Any hindrance or interference with any such officer so engaged shall be prima facie evidence that the person interfering with, or hindering such officer, is guilty of a violation of this chapter.
(Ord. 99 § 8, 1970).
9.08.090 Violation– Arrest or summons.
Whenever any person, firm or corporation or agent violates the provisions of Section 9.08.020, 9.08.030, 9.08.040, 9.08.050, or 9.08.060 a peace officer may either arrest the person without a warrant and take him before any court having jurisdiction of the offense, or he may issue a summons or citation for the accused person to appear at the court named and answer a complaint to be filed therewith; provided, that at the time of making the arrest, the peace officer may seize the trees, minor forest products or cedar products and may also seize and impound the vehicle used in the transporting same, subject to the order of the court before which the arrested person is ordered to appear; provided, that if the owner of the trees, minor forest products or cedar products appears before the court and presents satisfactory evidence of ownership, the court shall order the officer to deliver the trees, minor forest products or cedar products to the owner. However, if the owner does not appear and prove his ownership thereof within five days, the court shall direct the officer to sell the trees, minor forest products and/or cedar products and pay the proceeds thereof to the treasurer of the county, who shall deposit same in the general fund.
(Ord. 99 § 9, 1970).
9.08.100 Receiving trees or products from person withholding information unlawful.
It is unlawful for any person, firm or corporation to receive, take or purchase any trees, minor forest products or cedar products from any person or persons who shall refuse to make known his or her or their names or name, place or places of residence and legal description of property from which the trees, minor forest products or cedar products were cut or removed, or to knowingly make any false entry of any matter or thing required to be made under this chapter.
(Ord. 99 § 10, 1970).
9.08.110 Purchasing trees and products– Book required.
Any person, firm or corporation purchasing trees, minor forest products or cedar products shall keep a book in which he shall at the time of purchase of the trees, minor forest products or cedar products, enter in the English language, written in ink, a full and accurate description of the trees, minor forest products or cedar products so bought, together with the name, signature and residence of the vendor, and also the amount paid and the date and hour of purchase, together with a complete legal description of the property from which such trees, minor forest products or cedar products were removed, and the book shall at all reasonable time be open to inspection by any peace officer.
(Ord. 99 § 11, 1970).
Chapter 9.16 Sections:
9.16.010 Definitions. 9.16.020 Minor consuming or possessing prohibited– Exception. 9.16.030 Giving to minor prohibited.
9.16.010 Definitions.
"Liquor" or "intoxicating liquor" as used in this chapter means alcohol, spirits, wine and beer, and all fermented, spirituous, vinous, or malt liquor, or combinations thereof, and mixed liquor, a part of which is fermented, spirituous, vinous or malt liquor, or otherwise intoxicating; and every liquid or solid or semisolid or other substance, patented or not, containing alcohol, spirits, wine or beer, and all drinks or drinkable liquids and all preparations or mixtures capable of human consumption, and any liquid, semisolid, solid or other substance, which contains more than one percent of alcohol by weight shall be conclusively deemed to be intoxicating.
(§ 1 of Ord. dated September 22, 1952).
9.16.020 Minor consuming or possessing prohibited– Exception.
It is unlawful for any person under the age of twenty-one years to acquire in any manner, consume, or have in his possession any intoxicating liquor; provided, that the foregoing shall not apply in the case of liquor given or permitted to be given to such person under the age of twenty-one years by his parents or guardian for beverage or medicinal purposes, or administered to him by his physician or dentist for medicinal purposes.
(§ 2 of Ord. dated September 22, 1952).
9.16.030 Giving to minor prohibited.
It is unlawful for any person to give, or otherwise supply, intoxicating liquor to any person under the age of twenty-one years, or permit any person under the age of twenty-one years to consume intoxicating liquor on his premises or on any premises under his control, except as provided in Section 9.16.020.
(§ 3 of Ord. dated September 22, 1952).
Chapter 9.24 Sections:
9.24.010 Discharge on Stretch Island– Prohibited. 9.24.020 Discharge on Stretch Island– Violation a misdemeanor. 9.24.030 Prohibited areas near Tiger and Panther Lakes. 9.24.040 Exceptions to Section 9.24.030. 9.24.050 Violation of Sections 9.24.030 and 9.24.040. 9.24.060 Exemption from RCW 9.41.050. 9.24.070 Discharge on Haskel Hill Road, Anderson Road and Wilson Road. 9.24.080 Dispose of judicially forfeited firearms.
9.24.010 Discharge on Stretch Island– Prohibited.
From and after the effective date of the resolution codified in this section, it is unlawful to discharge any firearms whatsoever within the unincorporated area of Mason County hereinafter described as follows: Stretch Island, which is situated in: Portions of Sections 5, 7, 8, 9 and 17, Township 21 North, Range 1 West, W.M., including all tidelands, bays, inlets and channels, except as follows:
(a) For the slaughter of livestock by general farmers as required; and
(b) For purposes of using private shooting ranges which have been approved by the board of county commissioners; and
(c) For the control of predators to prevent losses to crops and livestock if such discharge of firearms shall not constitute a hazard; and
(d) For the protection of life and property.
(Res. 210 § 1, 1972).
9.24.020 Discharge on Stretch Island– Violation a misdemeanor.
Any person violating Section 9.24.010 is guilty of a misdemeanor.
(Res. 210 § 2, 1972).
9.24.030 Prohibited areas near Tiger and Panther Lakes.
No discharge of firearms shall be allowed on these bodies of water and/or near the shorelines thereof. "Near" shall be defined as on the water side of the county roads that encircle Tiger and Panther Lakes.
(Ord. 438 (part), 1975).
9.24.040 Exceptions to Section 9.24.030.
From and after the effective date of the ordinance codified in this section, it shall be unlawful to discharge any firearms whatsoever within the area described in Section 9.24.030 of Mason County, except as follows:
(a) For the slaughter of livestock by general farmers as required;
(b) For purposes of using private shooting ranges which have been approved by the board of county commissioners;
(c) For the control of predators to prevent losses to crops and livestock if such discharge of firearms shall not constitute a hazard; and
(d) For the protection of life and property.
(Ord. 438 § 1, 1975).
9.24.050 Violation of Sections 9.24.030 and 9.24.040
Any person violating Sections 9.24.030 and 9.24.040 is guilty of a misdemeanor.
(Ord. 438 § 2, 1975).
9.24.060 Exemption from RCW 9.41.050.
Pursuant to Washington Laws 1994, 1st Special Session, Chapter 7, Section 405, Subsection (6), Mason County be and is exempt from those restrictions contained in RCW 9.41.050 as amended by Washington Laws 1994, 1st Special Session, Chapter 7, Section 405, Subsection (4).
(Ord. 73-94, 1994).
9.24.070 Discharge on Haskel Hill Road, Anderson Road and Wilson Road.
(a) From and after the adoption date of the ordinance codified in this section, it is unlawful to discharge any firearms whatsoever within the unincorporated area of Mason County hereinafter described as follows: On Haskel Hill Road, Anderson Road, and Wilson Road including all side roads and adjoining properties further described as starting at a point one hundred feet southerly from the intersection of North Island Drive, Harstine Island, and Haskel Hill Road and running northerly to the point of intersection with the unnamed county road which begins at the point where the unnamed county road intersects with the Haskel Hill Road, and then north westerly to the high tide line of Pickering Passage, and then easterly along the high tide line to the entrance to Jarrell Cove and down the west high tide line to the point where the west high tide line intersects with the Haskel Hill Road which is situated in a portion of Range 2, Twn 21, Sec 26 (Exhibit 1) Except as follows: For the protection of life and property.
(b) Any person violating this section shall be guilty of a misdemeanor.
(Ord. 98-99 §§ 1, 2, 1999).
9.24.080 Disposal of judicially forfeited firearms.
(a) Except as provided in subsections (b) and (c) of RCW 9.41.098(2), all firearms that come into the possession of the Mason County Sheriff's Office after June 30, 1993, that are: judicially forfeited and no longer needed for evidence; or forfeited due to a failure to make a claim under RCW 63.32.010 or 63.40.010 may be disposed of by the Mason County sheriff's office in its discretion and in compliance with RCW 9.41.098(2)(b) as follows:
(1) A maximum of ten percent of the forfeited firearms may be retained by the Mason County sheriff's office for agency use.
(2) Forfeited firearms may be traded for law enforcement equipment or supplies to commercial law enforcement equipment sellers or suppliers.
(3) Lawful firearms that are forfeited may be auctioned to commercial sellers.
(4) Forfeited firearms may be destroyed.
(b) The proceeds of any auction or trade shall be used to fund law enforcement activities.
(Res. 123-97, 1997).
Chapter 9.28 Sections:
9.28.010 Reward for information, testimony. 9.28.010 Reward for information, testimony.
A reward shall be paid to any person or persons who shall furnish information or testimony leading to the arrest and conviction of any person of any offense against such county property, including but not limited to those offenses set forth in RCW 9A.48.070 through 9A.48.090, whether or not the offense be a felony, gross misdemeanor, or misdemeanor. The amount of such reward is hereby set at two hundred fifty dollars. No more than one two-hundred-fifty-dollar reward will be allowed for any one case. In cases of more than one person providing sufficient information to result in the arrest and conviction of any person or persons for acts of vandalism against county property, the reward will be apportioned as the board of county commissioners deems appropriate. Funds for payment of rewards will be provided by the county department of public works.
(Ord. 46-89, 1989: Ord. 908, 1978).
Chapter 9.32 Sections:
9.32.010 Short title.
9.32.020 Purpose.
9.32.030 Definitions.
9.32.040 Litter in general.
9.32.050 Disposition of abandoned vehicles and automobile hulks.
9.32.060 Violations.
9.32.070 Enforcement officers and procedures.
9.32.080 Placement of litter receptacles.
9.32.090 Use of receptacles.
9.32.100 Damaging receptacles.
9.32.110 Removal of litter.
9.32.120 Mandatory litter bags.
9.32.130 Sweeping litter into gutter prohibited.
9.32.140 Throwing or distributing handbills in public places and on uninhabited or vacant property.
9.32.150 Litter thrown by persons in vehicles
9.32.160 Depositing handbills on uninhabited or vacant property.
9.32.170 Severability.
9.32.180 Interpretation.
9.32.010 Short title.
This chapter shall be known and may be commonly referred to as the "Litter Control Ordinance."
(Ord. 25-88 § 1, 1988).
9.32.020 Purpose.
The purpose of this chapter is to accomplish litter control in the county. This chapter is intended to place upon all persons within unincorporated areas of the county, the duty of contributing to the public cleanliness of the county and appearance in order to promote the public health, safety and welfare and to protect the economic interests of the people of the county against unsanitary and unsightly conditions. It is further the intent of this chapter to protect the people against the health and safety and the expense incident of littering.
(Ord. 25-88 § 2, 1988).
9.32.030 Definitions.
As used in this chapter:
(1) "Abandoned vehicles" means any vehicle left within the limits of any public road or upon the property of another without the consent of the owner of such property for a period of twenty-four hours or longer. Provided, that a vehicle shall not be considered abandoned if its owner or operator is unable to remove it from the place that it is located and so notifies law enforcement officials and requests assistance.
(2) "Automobile hulk" means the abandoned remnant or remains of a motor vehicle which is inoperative and cannot be made mechanically operative without the addition of vital parts of labor to effect repairs.
(3) "Disposal site or disposal facility" means a place or location where the final treatment, utilization, processing or deposition of liquid or solid waste occurs.
(4) "Garbage" means all putrescible material, including but not limited to, animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food, and swill and carcasses of dead animals.
(5) "Litter" means all materials, including, but not limited to, disposable packages or containers thrown or deposited as herein prohibited, but not including the wastes of the primary process of mining, logging, sawmilling, farming and manufacturing.
(6) "Littering" means the throwing, dropping, depositing, discarding or otherwise disposing of litter upon any public property in the county or upon private property or in the waters of this county, whether from a vehicle or otherwise. Such property includes, but is not limited to, any public highway, public park, beach, campground, forest land, recreation area, trailer park, highway, road, street, or alley.
(7) "Minimum functional standards" means the criteria for solid waste handling expressed in terms of accepted performance standards as adopted by the state, pursuant to RCW 70.95.
(8) "Nuisance" means unlawfully doing an act or omitting to perform a duty, which act or omission either annoys, injures or endangers the comfort, repose, health, or safety of others, offends decency, or unlawfully interferes with, obstructs, or tends to obstruct any lake or navigable river, bay stream, canal or basin, or any public park, square, street, or highway.
(9) "Person" means an individual, firm, association, co-partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.
(10) "Sanitary Landfill" means a method of disposing of solid waste on land without creating nuisances or hazards to public health or safety, by utilizing the principles of engineering to confine the solid waste to the smallest practical area, to reduce it to the smallest practical volume, and to cover it with a layer of earth at the conclusion of each day's operations or at such more frequent intervals as may be required.
(11) "Solid waste" means all putrescible and nonputrescible solid and semisolid wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and discarded commodities.
(12) "Transfer station" means a fixed, supplemental, collection, transportation and disposal facility used by persons and route collection vehicles to deposit solid waste into a larger vehicle for transport to the disposal site.
(13) "Waste" means any discarded solid, liquid or gaseous substances that are harmful to the public health or environment regulated in this chapter.
(Ord. 25-88 § 3, 1988).
9.32.040 Litter in general.
No person, shall throw, drop, deposit, discard or otherwise dispose of litter, as that term is defined in RCW 70.93.030(4) and including abandoned or discarded automobiles and discarded appliances, upon any public place in the county or upon any private property not owned by him; provided that this chapter shall not be construed to allow the accumulation of litter on private property that is owned by the person that would constitute a risk to public health or damage to the environment, or in any waters within the jurisdiction of the county whether from a vehicle or otherwise, including but not limited to any sidewalk, road, alley, highway, or park, except:
(1) When such property is designated by the state or by any of its agencies or the county for disposal of garbage and refuse, and such person is authorized by the property public authority to so use such property; or
(2) Into a litter receptacle or other container in such manner that the litter will be prevented from being carried away or deposited by the elements upon any part of said public place or any private property; or
(3) When such person is owner or does have control or possession of the property, or has prior consent of the owner or tenant in lawful possession of such property, or unless the act is done under the personal direction of said owner or tenant and provided said litter will not cause a public nuisance, risk to public health, damage to the environment, or be in violation of any other state or local laws, rules or regulations.
(Ord. 25-88 § 4, 1988).
9.32.050 Disposition of abandoned vehicles and automobile hulks.
The sheriff of Mason County is hereby authorized to declare any abandoned vehicle or automobile hulk or parts therefrom on private property in the unincorporated areas of the county, not including state and federal highways, to be a public nuisance. Such vehicle or hulk shall be removed and impounded at the direction of the sheriff, pursuant to RCW 46.55.
(Ord. 42-89, 1989; Ord. 25-88 § 5, 1988).
9.32.060 Violations.
(a) Civil Penalties. Any person who violates the provisions of this chapter shall be subject to a penalty in the amount of not less than fifty dollars and not more than two hundred fifty dollars.
(b) Misdemeanor. In addition to the penalty imposed in subsection (1) above, any person who violates any provision of this chapter more than two times shall be guilty of a misdemeanor, upon conviction thereof shall be punished by a fine of not less than fifty dollars.
In addition thereto, except where infirmity or age would prevent the person from so doing, any such person shall be directed by the court in which the fine is levied to pick up and remove litter from public property, and/or private property, with prior permission of the legal owner, for not less than eight hours nor more than sixteen hours for each separate offense. The court shall schedule the time to be spent on such activities in such a manner that does not interfere with the person's employment and does not interfere substantially with the person's family responsibilities.
(Ord. 25-88 § 6, 1988).
9.32.070 Enforcement officers and procedures.
Enforcement of this chapter shall be by the county sheriff's office. All such sheriff's office enforcement officers are empowered to issue citations to and/or arrest without warrant, persons violating the provisions of this chapter. Said enforcement officers may serve and execute all warrants, citations, and other process issued by the courts. In addition, mailing by registered mail of such warrant, citation or other process to the last known place of residence of the offender shall be deemed as personal service upon the person charged.
(Ord. 25-88 § 7, 1988).
9.32.080 Placement of litter receptacles.
(1) Litter receptacles shall be placed by the local municipality, shall be placed by other agencies or placed by persons owning or maintaining the same, in all places in respect to the service of transient habitation, parks, trailer parks, gasoline service stations, tavern parking lots, shopping centers, grocery store parking lots, marinas, boat launching areas, beaches, bathing areas and other such public places in numbers appropriate to need pursuant to WAC 173.310.050.
(2) It is the responsibility of any person owning or operating any establishment or public place in which litter receptacles are required by this section to procure and place and maintain such litter receptacles at their own expense on the premises in accord with such state regulations.
(Ord. 25-88 § 8, 1988).
9.32.090 Use of receptacles.
Litter receptacles placed on sidewalks and other public places shall be used only for such litter and in no event shall be used for the disposal of other solid waste accumulated in residences or places of business.
(Ord. 25-88 § 9, 1988).
9.32.100 Damaging receptacles.
It is unlawful for any person to wilfully damage or deface any litter receptacle.
(Ord. 25-88 § 10, 1988).
9.32.110 Removal of litter.
It is the responsibility of the local municipality, other agency or person owning or maintaining the same for the removal of litter from litter receptacles placed in parks, beaches, campgrounds, and other public places.
(Ord. 25-88 § 11, 1988).
9.32.120 Mandatory litter bags.
The owner and person in possession of all vehicles or watercraft shall keep a litter bag in said vehicle or watercraft at all times.
(Ord. 25-88 § 12, 1988).
9.32.130 Sweeping litter into gutter prohibited.
No person shall sweep into or deposit in any gutter, culvert, road, alley or other public place the accumulation of litter from any building, lot, or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalks in front of their premises free of litter.
(Ord. 25-88 § 13, 1988).
9.32.140 Throwing or distributing handbills in public places and on uninhabited or vacant property.
No person shall throw or deposit any handbill upon any public place or in or upon any uninhabited or vacant private property within the county. Provided, however, that it shall not be unlawful, for any person to hand out, without charge to the receiver thereof, any handbill to any occupant of a vehicle, or to any other person who is willing to accept it or to provide public notice of an event or action by posting a notice provided the person posting such notice shall be responsible for removal after the action or event notified in a timely manner.
Exemption for Mail and Newspapers. The provisions of this section shall not apply to the distribution of mail by the United States nor to newspapers except that newspapers shall be placed on private residences or other private property in such a manner as to prevent their being carried or deposited by the elements upon any public place or upon private property.
(Ord. 25-88 § 14, 1988).
9.32.150 Litter thrown by persons in vehicles.
No person, while a driver or passenger in a vehicle, shall throw or otherwise deposit litter upon any public place or upon any private property.
(Ord. 25-88 § 15, 1988).
9.32.160 Depositing handbills on uninhabited or vacant property.
No person shall throw or deposit any handbill in or upon any uninhabited or vacant private property.
(Ord. 25-88 § 16, 1988).
9.32.170 Severability.
If any section, word or words of this chapter is found to be unconstitutional or otherwise invalid, such unconstitutionality or invalidity shall not affect the remaining portions of this chapter.
(Ord. 25-88 § 17, 1988).
9.32.180 Interpretation.
In the event any other county ordinance, whether or not codified, is in conflict with any of the terms of this chapter the more stringent shall be construed as applicable.
(Ord. 25-88 § 18, 1988).
Chapter 9.36 Sections:
9.36.010 Declaration of policy.
9.36.020 Findings.
9.36.030 Definitions.
9.36.040 Identification of environments.
9.36.050 Unlawful sounds.
9.36.060 Maximum permissible sound levels– General application.
9.36.070 Deviations.
9.36.080 Daytime Exemption.
9.36.090 Daytime residential exemption.
9.36.100 Other exemptions.
9.36.110 Proviso.
9.36.120 Public disturbance noises.
9.36.130 Motor vehicle noise performance standards.
9.36.140 Motor vehicle noise exemptions.
9.36.150 Enforcement of motor vehicle noise standards.
9.36.160 Watercraft noise standards.
9.36.170 Watercraft noise exemptions.
9.36.180 Enforcement of watercraft noise standards.
9.36.190 Instrumentation.
9.36.200 Ambient conditions.
9.36.210 Measurement equipment preparation and use.
9.36.220 Equipment variation allowances.
9.36.230 Close proximity exhaust system sound level measurement procedure.
9.36.240 Watercraft sound level measurement procedure.
9.36.250 Measurement of sound– Measurements deemed accurate– When.
9.36.260 Receiving properties within more than one district.
9.36.270 Authority of sheriff.
9.36.280 Duties of sheriff.
9.36.290 Commercial and industrial noise enforced by state.
9.36.300 Enforcement by qualified personnel.
9.36.310 Civil penalty.
9.36.320 Misdemeanor.
9.36.330 Abatement proceedings– Legal relief.
9.36.340 Ordinance additional to other law.
9.36.350 Severability.
9.36.010 Declaration of policy.
It is the express intent of the board of county commissioners to minimize the exposure of citizens to adverse effects of excessive noise and to protect, promote and preserve the public health and welfare, by controlling the level of noise in a manner which promotes the use, value and enjoyment of property, sleep and repose, and the quality of the environment.
(Ord. 54-89 § 1, 1989).
9.36.020 Findings.
The board of county commissioners hereby finds that residential and recreational noise is an acute problem in Mason County, requiring administration of this resolution on a twenty-four-hour basis by qualified law enforcement personnel.
(Ord. 54-89 § 2, 1989).
9.36.030 Definitions.
All technical terminology used in this chapter, not defined in this chapter, shall be interpreted in conformance with the American National Standards Institute Specifications, Section 1.1-1960 and Section 1.4-1971.
(1) "Background sound level" means the level of all sounds in a given environment, independent of the specific source being measured.
(2) "dB(A)" means the sound level measured in decibels, using the "A" weighing network.
(3) "EDNA" means the environmental designation for noise abatement, being an area (environment) within which maximum permissible noise levels are established, as defined and described in Section 9.36.040.
(4) "Gross vehicle weight rating (GVWR)" means the value specified by the manufacturer as the loaded weight of a single vehicle.
(5) "In use" motor vehicle is any motor vehicle which is used on a public highway, except farm vehicles as defined under RCW 46.04.181.
(6) "Motor vehicle" means any vehicle which is self-propelled, used primarily for transporting persons or property upon public highways and required to be licensed under RCW 46.16.010. (Aircraft, watercraft and vehicles used exclusively on stationary rails or tracks are not motor vehicles as that term is used herein.)
(7) "Motor vehicle racing event" means any competition between motor vehicles and/or off-highway vehicles under the auspices of a sanctioning body.
(8) "Motorcycle" means a motor vehicle having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground: except that farm tractors shall not be included.
(9) "Muffler" means a device consisting of a series of chambers or other mechanical designs for the purpose of receiving exhaust gas from an internal combustion engine and effective in reducing sound resulting therefrom.
(10) "New motor vehicle" means a motor vehicle manufactured after December 31, 1975, whose equitable or legal title has never been transferred to a person who, in good faith, purchases the new motor vehicle for purposes other than resale.
(11) "New watercraft" means a watercraft with an internal or external combustion engine which has been manufactured after December 31, 1979, and for which the equitable or legal title has never been transferred to a person who, in good faith, purchases the new watercraft and/or engine for purposes other than resale.
(12) "Noise" or "Sound" means the intensity, duration and character of sounds from any and all sources.
(13) "Off-highway vehicle" means any self-propelled motor-driven vehicle not primarily used for transporting persons or property upon public highways nor required to be licensed under RCW 46.16.010. The term "off-highway vehicle" shall not include special construction vehicles.
(14) "Officer" or "law enforcement" means the Mason County sheriff, his deputy or any other law enforcement officer.
(15) "Operator" means any person who is in actual physical or electronic control of a powered watercraft, motor vehicle, aircraft, off-highway vehicle, or any other engine-driven vehicle.
(16) "Person" means any individual, firm, association, partnership, corporation or any other entity, public or private.
(17) "Property boundary" means the surveyed line at ground surface, which separates the real property owned, rented, or leased by one or more persons, from that owned, rented or leased by one or more persons and its vertical extension.
(18) "Public highway" means the entire width between the boundary lines or every way publicly maintained by the department of highways or any county or city when any part thereof is generally open to the use of the public for purposes of vehicular travel as a matter of right, within the jurisdiction of Mason County.
(19) "Racing event" means any motor vehicle competition conducted under a permit issued by Mason County or, if such permit is not required, then under the auspices of a recognized sanctioning body.
(20) "Real property" means an interest or aggregate of rights in land which is guaranteed and protected by local law. For purposes of this chapter, the term "real property" includes a leasehold interest.
(21) "Receiving property" means real property within which sound originating from sources outside the property is received.
(22) "Shoreline" means the existing intersection of water with the ground surface or with any permanent, shore-connected facility.
(23) "Silviculture" is a branch of forestry dealing with the development and care of forests.
(24) "Sound level" means the weighted sound pressure level measured by the use of a sound level meter and weighted as specified in American National Standards Institute Specifications, Sections 1.4-1971.
(25) "Sound level meter" means a sound level measuring device, either Type I, S1A, Type II, or S2A, as defined by American National Standards Institute Specifications, Section 1.4-1971.
(26) "Special construction vehicle" means any vehicle which is designed and used primarily for grading, paving, earth moving, and other construction work; and which is not designed or used primarily for the transportation of persons or property on a public highway; and which is only incidentally operated or moved over the highway.
(27) "Use" means the nature of the occupancy, the type of activity, or the character and form of improvements to which land is devoted or may be devoted.
(28) "Warning device" means any device intended to provide public warning of potentially hazardous, emergency or illegal activities, including but not limited to a burglar alarm or vehicle back-up signal, but not including any fire alarm.
(29) "Watercraft" means any contrivance, excluding aircraft, used or capable of being used as a means of transportation or recreation on water.
(30) "Waters of the county" including all lakes, rivers, ponds, streams, inland waters, saltwaters and all other surface waters and watercourses within the jurisdiction of Mason County.
(Ord. 54-89 § 3, 1989).
9.36.040 Identification of environments.
The EDNA (Environmental Designation for Noise Abatement) of any property shall be based on the following typical uses, taking into consideration the present, future, and historical usage, as well as the usage of adjacent and other lands in the vicinity.
(1) Class A EDNA– Lands where human beings reside and sleep. Class A EDNAs include the following types of property used for human habitation:
(A) Residential,
(B) Multiple-family living accommodations,
(C) Recreational and entertainment (e.g. camps, parks, camping facilities and resorts),
(D) Community service (e.g. orphanages, homes for the aged, hospitals, health and correctional facilities);
(2) Class B EDNA– Lands involving uses requiring protection against noise interference with speech. Class B EDNAs include the following types of property:
(A) Commercial living accommodations,
(B) Commercial dining establishments,
(C) Motor vehicle services,
(D) Retail services,
(E) Banks and office buildings,
(F) Miscellaneous commercial services, property not used for human habitation,
(G) Recreation and entertainment, property not used for human habitation (e.g. theaters, stadiums, fairgrounds, and amusement parks).
(H) Community services property not used for human habitation (e.g. educational, religious, governmental, cultural and recreational facilities);
(3) Class C EDNA– Lands involving economic activities of such a nature that higher noise levels than experienced in other areas is normally to be anticipated. Persons working in these areas are normally covered by noise control regulations of the Department of Labor and Industries. Uses typical of Class A EDNAs are generally not permitted within such areas. Class C EDNAs include the following types of property:
(A) Storage, warehouse, and distribution facilities,
(B) Industrial property used for the production and fabrication of durable and nondurable manmade goods,
(C) Agricultural and silvicultural property used for the production of crops, wood products, or livestock;
(4) The appropriate EDNA for properties involved in any enforcement activity will be determined by the investigation official on the basis of criteria of (1), (2) and (3) of this subsection.
(Ord. 54-89 § 4, 1989).
9.36.050 Unlawful sounds.
It is unlawful for any person to cause sound, or for any person in possession of property on or off land, to permit sound originating from such property, to intrude into real property owned or occupied by another person, whenever such sound exceeds the maximum permissible sound levels established in the applicable sections of this chapter.
9.36.060 Maximum permissible sound levels– General application.
Except where the motor vehicle noise standards or the watercraft noise standards in this chapter are applicable, the maximum permissible noise levels are set forth below in the following table and are subject to any applicable deviations or exemptions set forth in Sections 9.36.070 through 9.36.100.
TRANSPORTATION OF MINOR FOREST PRODUCTS
INTOXICATING LIQUOR
FIREARMS
VANDALISM
LITTER CONTROL
NOISE CONTROL
| EDNA OF NOISE SOURCE | EDNA OF RECEIVING PROPERTY | ||
| Class A | Class B | Class C | |
| Class A | 55 dBA | 57 dBA | 60 dBA |
| Class B | 57 | 65 | 65 |
| Class C | 65 | 70 | 75 |
(Ord. 54-89 § 6, 1989).
9.36.070 Deviations.
The maximum permissible noise levels set forth in Section 9.36.060 are subject to the following deviations.
At the hour of the day or night the applicable noise limitations in the previous section above may be exceeded for any receiving property by no more than:
(1) Five dBA for a total of fifteen minutes in any one-hour period; or
(2) Ten dBA for a total of five minutes in any one-hour period; or
(3) Fifteen dBA for a total of 1.5 minutes in any one-hour period.
(Ord. 54-89 § 7, 1989).
9.36.080 Daytime exemption.
The following shall be exempt from the provisions of this chapter between the hours of seven a.m. and ten p.m.:
(1) Sounds originating from residential property relating to temporary projects for the maintenance or repair of homes, grounds and appurtenances;
(2) Subject to Ord. 438 Subsection 2, 1975 (Fire Arms), sounds created by the discharge of firearms;
(3) Sounds created by aircraft engine testing and maintenance not related to flight operations; provided, that aircraft testing and maintenance shall be conducted at remote sites whenever possible;
(4) Sounds created by the installation or repair of essential utility services;
(5) Sounds created by blasting.
(Ord. 54-89 § 8, 1989).
9.36.090 Daytime residential exemption.
The following shall be exempt from the maximum permissible noise levels set forth in Section 9.36.060:
(1) Sounds originating from temporary construction sites as a result of construction activity;
(2) Sounds originating from forest harvesting, silvicultural activity, commercial agriculture and aquaculture.
(Ord. 54-89 § 9, 1989).
9.36.100 Other exemptions.
The following shall be exempt from the maximum permissible noise levels set forth in Section 9.36.060:
(1) Sounds created by the normal operation of motor vehicles while upon public highways. Such motor vehicles are nevertheless subject to the provisions of Sections 9.36.130 through 9.36.150, pertaining to motor vehicle noise standards;
(2) Sounds originating from aircraft in flight and sounds that originate at airports which are directly related to flight operations;
(3) Sounds created by surface carriers engaged in interstate commerce by railroad;
(4) Sounds created by warning devices not operating continuously for more than five minutes, or bells, chimes, and carillons;
(5) Sounds created by fire alarms used as such;
(6) Sounds created by safety and protective devices, such as relief valves, where noise suppression would defeat the intent of the device or is not economically feasible;
(7) Sounds created by emergency equipment and work or training necessary in the interests of law enforcement or for health, safety, or welfare of the community;
(8) Sounds originating from motor vehicle racing events at existing, authorized facilities;
(9) Sounds originating from officially sanctioned parades and other public events;
(10) Sounds emitted from petroleum refinery boilers during start-up of said boilers; provided, that the start-up operation is performed during the daytime hours whenever possible;
(11) Sounds created by watercraft; provided, that such watercraft shall comply with Mason County Ord. 83-88 (Motorboats) and Sections 9.36.160 through 9.36.180;
(12) Subject to Ord. 438 Subsection 2, 1975 (Fire Arms), sounds created by the discharge of firearms in the course of hunting at all times;
(13) Sounds caused by natural phenomena and unamplified human voices;
(14) Sounds caused by motor vehicles over ten thousand pounds GVW, licensed or unlicensed, when operated off public highways;
(15) Sounds caused by pigs, cattle, horses, sheep, goats, and poultry whether by commercial or noncommercial activities.
(Ord. 54-89 § 10, 1989).
9.36.110 Proviso.
Compliance with the maximum permissible noise levels set forth in this chapter, or exemption from their provisions as provided in this chapter, shall not be construed as an exemption from the provisions of this chapter relating to public disturbances, or as a defense to any prosecution under Section 9.36.120.
| Maximum Sound Level, dBA | ||||
| Speed Zones | ||||
| Vehicle Category (type) | Effective Date | 45 mph (72 kph) or less | Over 45 mph (72 kph) | Stationary Test |
| Motorcycle | July 1, 1980 | 78 | 82 | N/A |
| Automobiles, light trucks and all motor vehicles 10,000 pounds (4536 kg) GVWR or less | July 1, 1980 | 72 35 mph (56 kph) or less | 78 Over 35 mph (56 kph) | N/A |
| All motor vehicles over 10,000 pounds (4536 kg) GVWR | June 1, 1980 | 86 | 90 | 86 |
(b) Every motor vehicle operated upon the public highways shall at all times be equipped with an exhaust system and a muffler in good working order and constant operation to prevent excessive or unusual noise.
(c) No person shall operate a motor vehicle in such a manner as to cause or allow to be emitted squealing, screeching or other such noise from the tires in contact with the ground because of rapid acceleration or excessive speed around corners or other such reason, except that noise resulting from emergency braking to avoid imminent danger shall be exempt from the provision.
(d) No person shall operate any motor vehicle upon any public highway if the vehicle exhaust system exceeds the maximum permissible sound levels of Table II for the category and year of vehicle, as measured at a distance of twenty inches (0.5 meter) from the exhaust outlet under procedures established by the state commission on equipment in WAC Chapter 204-56, "Procedures for Measuring Motor Vehicle Sound Levels."
TABLE II
IN-USE MOTOR VEHICLE EXHAUST SYSTEM NOISE PERFORMANCE STANDARDS MEASURED @ 20 INCHES (0.5 METER)
| Vehicle Category (type) | Model Year | Maximum Sound Level, dBA |
| Motorcycles | All | 99 |
| Automobiles, light trucks and all other motor vehicles 10,000 pounds (4536 kg) GVWR or less | All | 95 |
(e) No person shall sell or offer for sale a new motor vehicle except an off-highway vehicle, which produces a maximum noise exceeding the noise levels in Table III at a distance of fifty feet (15.2 meters) under acceleration test procedures established by the state commission on equipment in WAC Chapter 204-56, "Procedures for Measuring Motor Vehicle Sound Levels."
TABLE III
MAXIMUM SOUND LEVELS FOR NEW MOTOR VEHICLES MEASURED @ 50 FEET (15.2 METERS)
| Vehicle Category (type) | Date of Manufacture | Maximum Sound Level, dBA |
| Any motor vehicle over 10,000 pounds (4536 kg) GVWR excluding buses | before January 1, 1978 after January 1, 1978 after January 1, 1982 | 86 83 80 |
| All buses over 10,000 pounds (4536 kg) GVWR | after January 1, 1980 after January 1, 1983 after January 1, 1986 | 85 83 80 |
| Motorcycles | after January 1, 1976 after January 1, 1986 | 83 80 |
| Automobiles, light trucks and all other motor vehicles 10,000 pounds (4536 kg) GVWR or less | after January 1, 1976 | 80 |
(Ord. 54-89 § 13, 1989)
9.36.140 Motor vehicle noise exemptions.
The provisions of Section 9.36.130 shall not apply to noise caused by auxiliary equipment on motor vehicles used for highway maintenance, nor to noise caused in the performance of emergency work for the immediate safety, health, or welfare of the community or of individuals of the community, or to restore property to a safe condition following a public calamity.
(Ord. 54-89 § 14, 1989).
9.36.150 Enforcement of motor vehicle noise standards.
(a) Measurements shall be made with a sound level meter meeting Type I, S1A, Type II or S2A requirements as specified in the American National Standards Institute Specifications for Sound Level Meters S1.4-1971 as required under measurement procedures established in WAC Chapter 204-56, "Procedures for Measuring Motor Vehicle Sound Levels."
(b) Violation of any in-use motor vehicle noise standard set forth in this chapter shall be a traffic infraction, enforced by such authorities and in such manner as violations of RCW Chapter 46.37.
(c) Law enforcement personnel selected to measure vehicle sound levels shall have received training in the techniques of sound measurement and the operation of sound measuring instruments.
(d) Any enforcement officer who by use of the initial inspection procedures of Chapter 204-56 suspects that a motor vehicle may be in violation of the standards of this chapter may require the operator to have the vehicle presented for sound level measurement. Measurements of a motor vehicle may be performed at off-road sites to determine compliance with the in-use standards.
(e) Any operator who fails to comply with the directive to present the vehicle to a sound level measurement test shall be in violation of this chapter.
(f) Any seller, importer, or manufacturer who sells or offers for sale a motor vehicle which violates the standards in Section 9.36.130 shall be subject to a civil penalty not to exceed one hundred dollars. Every motor vehicle sold or offered to sale shall constitute a separate violation.
(Ord. 54-89 § 15, 1989).
9.36.160 Watercraft noise standards.
(a) Any watercraft operated on the waters of the county shall be equipped with a muffler which shall be maintained in proper working condition. Any of the following defects in the muffling system shall constitute a violation of this regulation:
(1) The absence of a muffler;
(2) The presence of a muffler cut-out, bypass, or similar device which is not standard or normal equipment for the exhaust system being inspected;
(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.
(b) No person shall operate any watercraft on the waters of the county in such a manner as to exceed the following maximum noise limits when measured at the shoreline or anywhere within a receiving property;
(1) At any hour of the day or night, the limit for any receiving property shall be 74 dBA;
(2) Between sunset and sunrise, the limit for a Class A EDNA receiving property shall be 74 dBA;
(c) Enforcement of the above standards shall be undertaken only upon receipt of a complaint made by a person who resides, owns property, or is employed in the area affected by the noise complained of, except for persons in parks, recreational areas, and wildlife sanctuaries.
(d) Any watercraft operated on the waters of the county shall not exceed the following maximum noise limits when measured at a distance of less than fifty feet from the closest point of the watercraft's hull according to procedures established in Section 9.36.240.
(1) For watercraft and engines manufactured before January 1, 1980, a noise level of 84 dBA;
(2) For watercraft and engines manufactured after January 1, 1980, a noise level of 82 dBA;
(3) For watercraft and engines manufactured after January 1, 1984, a noise level of 80 dBA;
(e) Any watercraft operated on the waters of the county shall not exceed the following maximum noise limits when measured at a distance of twenty inches (0.5 meter) from the exhaust outlet according to procedures established in Section 9.36.230. These standards shall not apply to exhaust systems which utilize the introduction of water to the exhaust gas flow, or systems which exhaust the gas directly into water.
(1) For watercraft and engines manufactured before January 1, 1980, a noise level of 98 dBA;
(2) For watercraft and engines manufactured after January 1, 1980, a noise level of 96 dBA;
(3) For watercraft and engines manufactured after January 1, 1984, a noise level of 94 dBA.
(f) No person shall sell or offer for sale a new watercraft or new watercraft engine for use in any existing watercraft which exceeds the following maximum noise limits when measured according to the procedures of the society of automotive engineer's recommended practice, SAE-J34.
(1) For watercraft and engines manufactured after January 1, 1980, a noise level of 82 dBA;
(2) For watercraft and engines manufactured after January 1, 1984, a noise level of 80 dBA.
(Ord. 54-89 § 16, 1989).
9.36.170 Watercraft noise exemptions.
(a) Normal docking, undocking, and water skier pick-up and drop-off operations of all watercraft shall be exempt from the provisions of Section 9.36.160(b).
(b) The following sounds shall be exempt from all provisions of Section 9.36.160;
(1) Sounds created by the operation of commercial and nonrecreational watercraft. These commercial activities include, but are not limited to, tugboats, fishing boats, ferries, and vessels engaged in intrastate, interstate or international commerce;
(2) Sounds created by safety and protective devices where noise suppression would defeat the intent of the device;
(3) Sounds created by a warning device not operating continuously for more than five minutes;
(4) Sounds created by emergency equipment for emergency work necessary in the interests of law enforcement or for the health, safety, and welfare of the community;
(5) Sounds created by auxiliary equipment operated on watercraft for the purposes of dredging, pile driving, operation of a marina, clam and oyster harvesting are exempt; however, such operations are not exempt from requirements of Section 9.36.060.
(c) The provisions of Section 9.36.160 shall not apply to motorboats competing under a Mason County or United States Coast Guard permit in a regatta, in a boat race, while in trial runs, or while on official trails or speed record during the time and in the designated area authorized by the permit. In addition, motorboats preparing for an officially sanctioned race or regatta are exempt if authorized by a permit issued by the county.
(d) Nothing in these exemptions is intended to preclude the county from requiring installation of the best available noise abatement technology consistent with economic feasibility.
(Ord. 54-89 § 17, 1989).
9.36.180 Enforcement of watercraft noise standards.
(a) Measurements shall be made with a sound level meter meeting Type 1 or Type 2 standards as specified in the American Standards Institute Specifications S1.4-1971 to document violations for final enforcement actions under measurement procedures established in Sections 9.36.190 through 9.36.240.
(b) Any law enforcement officer or noise control enforcement personnel shall be competent in the use of sound-measuring equipment. The personnel shall be trained by the sheriff's department, or by a person certified by a state agency, in the use of watercraft sound level measurement procedures established in Sections 9.36.190 through 9.36.260. Any enforcement personnel who by use of the initial inspection procedure of Section 9.36.250 suspects that a watercraft may be in violation of the standards of this chapter, shall require the operator to submit to a measurement of the sound level of the watercraft according to the procedures of Sections 9.36.190 through 9.36.260; provided, that the enforcement personnel shall have discretion in determining whether measurement would occur under unsafe conditions. Weather, water conditions, operator competence, and similar considerations shall be taken into account. If conditions are unsafe, measurement shall not be required. Shoreline measurements shall be made under any conditions, except as provided in Section 9.36.200.
(c) Any operator who fails to comply with the directive to submit to a sound level measurement shall be in violation of this chapter.
(d) Any person operating a watercraft found in violation of the established noise levels of this chapter shall be subject to a civil penalty not to exceed one hundred dollars per day of violation.
(e) Any seller, importer, or manufacturer who violates the standards in Section 9.36.160 shall be subject to a civil penalty not to exceed one hundred dollars. Each watercraft or engine offered for sale or sold shall constitute a separate violation.
(Ord. 54-89 § 18, 1989).
9.36.190 Instrumentation.
The following instrumentation and equipment shall be used for the measurement procedures established in this chapter:
(1) Sound Level Meter. The sound level meter shall meet the Type 1, Type 2, and Type 3 requirements of ANSI S1.4-1971. The meter weighing and response mode will be set as required in the specific procedure used. The sound level meter shall be returned to the manufacturer or a qualified laboratory at least once a year, to be calibrated to standards traceable to the National Bureau of Standards. Type 1, Type 2, and Type 3 sound level meters shall be used for any initial inspection procedures, but only Type 1 or Type 2 sound level meters shall be used for the measurement of sound levels for enforcement purposes.
(2) Sound Level Calibrator. An acoustically coupled calibrator shall be used periodically to assure the accuracy of the sound level meter and microphone. The calibrator shall be returned to the manufacturer or a qualified laboratory at least once a year to be calibrated to standards traceable to the National Bureau of Standards.
(3) Tachometer. The tachometer shall be either one of two types: electric or vibrating reed. The electric tachometer shall be an inductive pickup type for easy attachment to any spark plug cable, contain its own internal power supply, and shall meet SAE J197 specification for power off-road electric tachometers. The vibrating reed tachometer shall be designed for use on any internal combustion engine. Calibration accuracy for both types of tachometers shall be at least ±3 percent of full scale reading. All tachometers shall be calibrated at least once a year in accordance with the manufacturer's calibration procedures.
(4) Windscreen. A windscreen of open cell foam, cloth, or other acoustically invisible material as shall be provided by the manufacturer, shall be placed over the microphone to protect it from moisture, exhaust gases and wind effects.
(5) Anemometer. An anemometer shall be used periodically during measurements to test the wind speed.
(Ord. 54-89 § 19, 1989).
9.36.200 Ambient conditions.
The following ambient conditions shall be observed during measurements and shall determine whether testing is to occur or not:
(1) Wind. Sound level measurements shall not be made when the wind speed is in excess of:
(A) Twenty mph (thirty-two km/hr) for the close proximity test, Section 9.36.230;
(B) Twelve mph (nineteen km/hr) for all other tests.
(2) Precipitation. Sound level measurement shall not be made when precipitation is falling in such a way as to affect the equipment or the measurement readings.
(3) Background Sound Level. Sound level measurements shall not be when the difference between the background sound level and the level of the measured sound source is less than ten dBA, unless the measurement personnel are technically qualified to logarithmically subtract the background level from the measured source's sound level.
(Ord. 54-89 § 20, 1989).
9.36.210 Measurement equipment preparation and use.
(a) Battery Check. A battery check shall be conducted on all instruments before field calibration and measurement.
(b) Calibration. Sound level meters shall be field calibrated (using procedures described in the manufacturer's instruction manual) at the beginning and end of each measurement period, and at intervals not exceeding two-hour period.
(c) Microphone Orientation. The microphone shall be oriented with respect to the sound source as described in the manufacturer's instruction manual.
(Ord. 54-89 § 21, 1989).
9.36.220 Equipment variation allowances.
Due to unavoidable variations in measurement sites and test instruments, the following allowances shall be made for the respective sound level meters:
| ±1 dBA | For type 1 sound level meters |
| ±2 dBA | For type 2 sound level meters |
This tolerance value shall be applied, after all necessary calculations have been made, to the final reported sound level for the measured sound source.
(Ord. 54-89 § 22, 1989).
9.36.230 Close proximity exhaust system sound level measurement procedure.
This section establishes specific procedures for the measurement of sound levels from exhaust systems at a distance of twenty inches (.5 meters) from the exhaust outlet. The procedures of subsections (3), (4) and (5) of this section shall not be used for exhaust systems which utilize the introduction of water to the exhaust gas flow for the purpose of muffling the exhaust noise levels, or systems which exhaust the gas flow directly into water.
(1) For the purpose of this section "vehicle" means any motor-driven contrivance used as means of transportation or recreation off public highways.
(2) Initial Inspection. An initial inspection of the vehicle exhaust system shall be conducted to determine if the following defects or modifications exist:
(A) The absence of a muffler;
(B) The presence of a muffler cut-out, bypass, or similar device which is not standard or normal equipment for the exhaust system being inspected;
(C) Defects in the exhaust system including, but not limited to, pinched outlets, and holes or rusted-through areas of the muffler or pipes;
(D) The presence of equipment which will produce excessive or unusual noise from the exhaust system.
(3) If the above defects are observed and are a violation of the muffler integrity standards established for the type of vehicle which is being inspected, then a citation shall be issued in accordance with the enforcement section of this noise ordinance.
(4) An evaluation of the vehicle's sound level shall also be made by the enforcement officer, using the human ear as a sensing device.
(5) If the exhaust noise is discernibly louder than the engine noise, or if any of the defects or modifications described above exist but are not violations of applicable regulations, the enforcement officer shall request the vehicle operator to submit the vehicle to any measurement procedures described in this chapter which are applicable to the type of vehicle being inspected. If the operator refuses to submit the vehicle to these measurement procedures, he shall be in violation of this chapter.
(6) Test Site and Instrumentation Set Up. The test site and instrumentation shall be set up as follows:
(A) The test site shall be a flat, open area free of large, sound-reflecting surfaces (other than the surface on which the vehicle is resting), such as signboards, buildings, large docks, hillsides, or other vehicles, located within a sixteen-foot (five-meter) radius of the vehicle being tested and the location of the microphone. The vehicle shall not be on a hoist, rack, or over a pit. Testing shall not occur within a shop or building. Nobody shall stand in the measurement area, except the observer and the vehicle operator.
(B) The microphone shall be at the same height as the center of the exhaust outlet if possible, but not closer to any surface than eight inches (0.2 meter). The microphone shall be positioned with its longitudinal axis parallel to the ground, twenty ± one inches (0.5 meter) from the edge of the exhaust outlet, and forty-five ± ten degrees from the axis of the outlet. For exhaust outlets located inboard from the vehicle body, the microphone shall be located at the above specified angle and at least eight inches (0.2 meter) from the nearest part of the vehicle.
(7) For vehicles provided with exhaust outlets spaced more than twelve inches (0.3 meter) apart, measurements shall be made for each outlet as if it were the only one, and the highest level shall be recorded. If the exhaust outlets are less than twelve inches (0.3 meter) apart, a single measurement shall be made for any one of the outlets.
(8) For vehicles with a vertical exhaust, the microphone shall be placed at a height of forty-eight ± two inches (1.2 meter). Its axis shall be vertical and oriented upwards. It shall be placed at a distance of twenty ± one inches (0.5 meter) from the side of the vehicle nearest the exhaust outlet.
(9) For vehicles with the exhaust system and outlet near the engine, the engine hood (if one exists) should be closed as much as possible to reduce engine noise.
(10) If a measuring device is attached to the exhaust outlet and microphone to maintain proper distance, insure that no vibrations from the vehicle shall be transmitted to the instrument.
(11) Vehicle Operation. The vehicle shall be operated as follows:
(A) Controlled Ignition Vehicles. The engine shall be operated at a normal operating temperature with transmission in park or neutral. Sound level measurements shall be made at three-fourths (seventy-five percent) of the RPM for rated horsepower ± one hundred RPM of meter reading.
(B) Vehicles with Motorcycle Engines. The engine shall be operated at a normal operating temperature with the transmission in neutral. If no neutral is provided, the vehicle shall be operated either with the rear wheel or wheels two to four inches (five to ten centimeters) clear of the ground, or with the drive chain or belt removed. The sound level measurement shall be made with the engine speed stabilized at one of the following values:
(i) If the engine data is available, test the vehicle at one-half (fifty percent) of the RPM for maximum rated horsepower ± one hundred RPM.
(ii) If the engine data is not available, and if the vehicle has a tachometer showing the manufacturer's recommended maximum engine speed ("Red Line"), test the vehicle at sixty percent of the "Red Line" RPM ± one hundred RPM.
(iii) If the engine data and red line RPM are not available, test the vehicle at:
a. Three thousand five hundred ± one hundred RPM for engines with total cylinder displacement between zero to nine hundred fifty cc (zero to fifty-eight cubic inches).
b. Two thousand eight hundred RPM ± one hundred RPM for engines with total cylinder displacement greater than nine hundred fifty cc (fifty-eight cubic inches).
c. Diesel Engine Vehicles. The engine shall be operated at normal operating temperatures with transmission in park or normal operating temperatures with transmission in park or neutral. Sound level measurements shall be made at the vehicle's maximum governed no-load speed. If the engine is not provided with a governor, the vehicle shall be operated in the same manner as a vehicle with a controlled ignition.
(12) Measurement. The exhaust system sound level shall be measured as follows:
(A) The sound level meter shall be set for slow response and on the "A" weighing scale.
(B) The sound level meter shall be observed during the full cycle of engine acceleration-deceleration. The recorded sound level shall be the highest value obtained at the appropriate, constant engine speed as specified in subsection (4) of this section, and shall exclude peaks due to unrelated ambient noise, engine noise, or extraneous impulsive-type noise.
(C) At least two measurements shall be made, and the reported sound level shall be the average of the two highest readings which are within one dBA of each other.
(Ord. 54-89 § 23, 1989).
9.36.240 Watercraft sound level measurement procedure.
This section establishes specific procedures for the measurement of watercraft sound levels.
(1) Initial Inspection. An initial inspection may be made to determine if the watercraft shall be required to undergo the pass-by measurement described in subsections (3) and (4) of this section.
(A) A Type 3 or better sound level meter shall be used to measure the sound level of any watercraft. The microphone shall be located in a boat or on a dock and no closer than two feet from any surface of the boat or dock.
(B) The watercraft shall be measured as it passes at a distance not less than fifty feet from the microphone.
(C) The enforcement officer shall require the watercraft operator to submit to a pass-by or exhaust system sound level measurement if the initial inspection level is within 2 dBA of, or greater than, the levels established in Section 9.36.160.
(2) Test Site and Instrumentation Set-up. The test site and instrumentation shall be set up as follows:
(A) The test site shall be a calm body of water, large enough to allow full-speed pass-bys. The area around the microphone and boat shall be free of large obstructions, other than the deck or platform on which the microphone is standing, such as buildings, boats, hills, large piers, breakwater, etc., for a minimum distance of one hundred feet (thirty meters). Three markers (buoys or posts) shall be placed in line, fifty feet (fifteen meters) apart, to mark the course the boat is to follow while being tested.
(B) The sound level meter shall be a Type 2 or better. The microphone shall be placed fifty feet (fifteen meters) from the line determined by the three markers, normal to the line and opposite the center marker. It shall also be placed four to five feet (1.2 to 1.5 meters) above the water surface and no closer than two feet (0.6 meter) from the surface of the deck or platform on which the microphone stands, as near to the end of the deck or platform as possible or overhanging the end of the deck or platform as possible.
(3) Watercraft Operation. The watercraft shall pass within one to three feet (0.2 to 0.9 meter) on the far side of all three markers, on a straight course.
(A) Watercraft which weigh less than seven thousand pounds gross weight shall be operated according to the following procedure. The watercraft shall approach the first marker, the engine shall be immediately accelerated to its full throttle RPM range. The watercraft shall continue to accelerate until its bow passes the third marker.
(B) Watercraft which weigh less than seven thousand pounds or more gross weight shall be operated at the midpoint of the manufacturer's recommended maximum continuous (or "cruise") RPM range, ± one hundred RPM. The watercraft shall be at this speed when it passes the first marker, and shall continue to operate at this speed until its bow passes the third marker.
(4) Measurement. The watercraft sound level shall be measured as follows:
(A) The sound level meter shall be set for fast response and on the "A" weighing scale.
(B) The meter shall be observed during the entire pass-by. The applicable reading shall be the sound level obtained as the stern of the watercraft passes the middle marker. Peaks due to unrelated ambient noise, water noise from waves or wakes, propeller cavitation noise, or extraneous impulsive-type noise shall be excluded. At least two measurements shall be made for each side of the watercraft. All values shall be recorded.
(C) The sound level for each side of the watercraft shall be the average of the two highest readings which are within one dBA of each other, rounded to the nearest 0.5 dBA. The reported sound level shall be that of the loudest side of the watercraft.
(5) New watercraft shall be tested according to the specifications of the SAE J34 measurement procedure.
(Ord. 54-89 § 24, 1989).
9.36.250 Measurement of sound– Measurements deemed accurate– When
If the measurement of sound is made with a sound level meter, it shall be an instrument in good operating condition and shall meet the requirements for a Type I, S1A, Type II or S2A instrument, as described in American National Standards Institute Specifications, Section 1.4-1971. The sound level meter shall be calibrated before and after each noise complaint investigation. The calibration device shall be periodically tested for accuracy. Records shall be kept of such calibration and testing, and filed with the sheriff's department, and if it appears from such records that the calibrator has been regularly tested and that the sound level meter has been calibrated properly before the reading, the reading shall be deemed accurate. Failure to make such records shall not create any presumption or be admissible for any purpose in any proceeding for enforcement of this chapter.
(Ord. 54-89 § 25, 1989).
9.36.260 Receiving properties within more than one district.
Where a receiving property lies within more than one EDNA, the maximum permissible sound level shall be determined by the EDNA within which the measurement is made. The enforcing officer shall make the measurement on receiving property in the following order of preference: Class A EDNA, Class B EDNA, Class C EDNA.
(Ord. 54-89 § 26, 1989).
9.36.270 Authority of sheriff.
The sheriff is authorized and directed to administer and enforce the provisions of this chapter. Upon request by the sheriff or his deputies, all other county departments and divisions, including the board of health are authorized to assist them in enforcing this chapter. The sheriff is authorized to assist health department enforcement of any subsequent noise control ordinance adopted by the department.
(Ord. 54-89 § 27, 1989).
9.36.280 Duties of sheriff.
The duties of the sheriff shall include, but are not limited to:
(1) Enforcement of the provisions of this chapter except as provided in Section 9.36.300;
(2) Training deputy sheriffs as field inspectors;
(3) Purchasing measuring instruments and training deputies in their calibration and use;
(4) Investigating citizens' noise complaints;
(5) Assisting citizens and county departments in evaluating and reducing the noise impact of their activities;
(6) Reviewing at least every three years the provisions of this chapter and recommending revisions consistent with technology to reduce noise.
(Ord. 54-89 § 28, 1989).
9.36.290 Commercial and industrial noise enforced by state.
With the exception of public disturbance, motor vehicle and watercraft noise as treated in Sections 9.36.120, 9.36.130 and 9.36.160, noises created by industrial and commercial sources are to be enforced by the state until local regulations governing such noises are in effect.
(Ord. 54-89 § 29, 1989).
9.36.300 Enforcement by qualified personnel.
Except as provided in Section 9.36.290, noise complaints may be investigated, and the public disturbance provisions of this chapter may be enforced by the sheriff or any duly appointed deputy sheriff. Subject to Section 9.36.290, the maximum permissible noise level provisions of this chapter may be enforced by the sheriff or any deputy sheriff if qualified to operate a sound level meter.
(Ord. 54-89 § 30, 1989).
9.36.310 Civil penalty.
In addition to or as an alternative to any other judicial or administrative remedy provided by law or other regulation, resolution, ordinance or this chapter, any person who violates any provision in this chapter, or by each act of commission or omission procures, aids or abets such violation shall be subject to a civil penalty in an amount of thirty dollars for the first such violation. The penalty shall be one hundred dollars for the second such violation and two hundred fifty dollars for the third and each subsequent violation of the same regulation within any one-year period.
(Ord. 54-89 § 31, 1989).
9.36.320 Misdemeanor.
In addition to or as an alternative to any other judicial or administrative remedy provided by law or other regulation, resolution or ordinance, any person who:
(1) Violates any provision of this chapter, or by each act of commission or omissions procures, aids, or abets such violation; and who
(2) Refuses to stop and/or abate such violation when it is reasonably within his power to do so;
(3) When so requested by a properly identified sheriff, deputy sheriff, or other law enforcement officer; shall be guilty of a misdemeanor and punished as provided in Mason County Ordinance 767.
This section shall be in addition to or alternative to any other penalty provided by law or failure to obey the lawful demands of a law enforcement officer.
(Ord. 54-89 § 32, 1989).
9.36.330 Abatement proceedings– Legal relief.
Notwithstanding the existence or use of any other remedy, an officer may, through the county prosecuting attorney, seek legal or equitable relief to enjoin any acts or practices or abate any conditions which constitute or will constitute a violation or any provision of this chapter.
(Ord. 54-89 § 33, 1989).
9.36.340 Ordinance additional to other law.
The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other claim, cause of action or remedy; nor, unless specifically provided, shall it be deemed to repeal, amend or modify any law, ordinance or regulation relating to noise, but shall be deemed additional to existing legislation and common law on noise.
(Ord. 54-89 § 34, 1989).
9.36.350 Severability.
If any portion of this chapter to its application to any person or circumstance is held invalid, the remainder of this chapter or its application of any provisions to other persons or circumstances is not affected.
(Ord. 54-89 § 35, 1989).
Chapter 9.40 Sections:
9.40.010 Declaration of policy and findings. 9.40.020 Definitions. 9.40.030 Notice to be posted. 9.40.040 Fees for sheriff response. 9.40.050 Violations and penalties.
9.40.010 Declaration of policy and findings.
It is the express intent of the board of county commissioners to reasonably protect the public's health, safety and welfare. In cases of repeated "false" alarms, the county law enforcement agency's resources could be burdened. Therefore, the board of county commissioners finds administration of this chapter by qualified law enforcement personnel is appropriate.
(Ord. 100-89 § 1, 1989).
9.40.020 Definitions.
For the purposes of this section, the term "false alarm" shall mean the activation of a burglary and/or robbery alarm (silent or audible) by other than a forced entry to the premises and at a time when no burglary or robbery is being committed or attempted on the premises.
(Ord. 100-89 § 2, 1989).
9.40.030 Notice to be posted.
It is unlawful to have or maintain on any premises in the unincorporated areas of the county an audible type burglary and/or robbery alarm unless there is posted at the main entrance to such premises a prominent notice of the telephone numbers at which the person or persons authorized to enter such premises can be reached at all times, and it is unlawful for any such person to wilfully and intentionally fail to appear and turn off any such alarm within one hour after being notified by the appropriate law enforcement agency to do so.
(Ord. 100-89 § 3, 1989).
9.40.040 Fees for sheriff response.
For a police response to any false alarm, the sheriff shall charge and collect from the person having or maintaining such burglary and/or robbery alarm on premises owned or occupied by him, fees as follows:
a. For a response to premises at which no other false alarm has occurred, hereinafter referred to as a "first response," no fee shall be charged, but the person having or maintaining such alarm shall within five working days after notice to do so, make a written report to the sheriff, on forms prescribed by him, setting forth the cause of such false alarm and corrective action necessary.
b. For a second response to premises within three months after a first response, no fee shall be charged, but a written response shall be required as for a first response, and the sheriff shall order an inspection at the owner's expense and give notice as to repairs or corrective actions.
c. For a third response within three months after such a second response, a fee of fifty dollars payable to the Mason County sheriff within thirty days shall be charged, and if such third false alarm or any such succeeding false alarm is a result of failure to take necessary corrective action prescribed by the sheriff, said sheriff may order the disconnection of such alarm system, and it shall be unlawful to reconnect such alarm system until such corrective action is taken; provided that no disconnection shall be ordered as to any premises required by law to have an alarm system in operation. An order of the sheriff to disconnect an alarm system may be reviewed by motion for writ of review to the county district court. The application for a writ of review shall be made to the court within thirty days of the sheriff's notice to disconnect the alarm system.
(Ord. 100-89 § 4, 1989).
9.40.050 Violations and penalties.
Any person, firm, or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor and each person shall be guilty of a separate offense for each day during which any violation of any of the provisions of this chapter is committed or continued, and upon conviction of any such violation, shall be punishable by a fine of not more than three hundred dollars, or imprisonment for not more than six months, or by both such fine and imprisonment.
(Ord. 100-89 § 5, 1989).
Chapter 9.44 Sections:
9.44.010 Speed of motor vehicles.
9.44.020 Parking of motor vehicles, trailers, etc.
9.44.030 Consumption of alcoholic beverages.
9.44.040 Intoxication in county parks or fairgrounds.
9.44.041 Smoking in county parks or fairgrounds.
9.44.042 No tobacco sales, advertising, sampling or sponsorship.
9.44.050 Park periods.
9.44.060 Fireworks– Restricted.
9.44.070 Rubbish– Deposit in parks or fairgrounds– Prohibited.
9.44.080 Sanitation.
9.44.090 Firearms and/or other weapons.
9.44.100 Dogs on leashes– Horses.
9.44.110 Violation– Penalties.
* Prior ordinance history: Ord. 23-92.
9.44.010 Speed of motor vehicles.
No person shall drive a motor vehicle within any county park or the county fairgrounds at a speed greater than is reasonable and prudent, having due regard for the traffic on, and the surface and width of the road, and in no event at a speed which endangers the safety of persons, property or wildlife:
(1) Provided, however, that in no event shall a vehicle be driven at a speed greater than ten miles per hour in camp, picnic, utility or headquarters areas, areas of general public assemblage, or in parking lots;
(2) And, provided further, that in no event shall a vehicle be driven at a speed greater than twenty-five miles per hour in any other area. The county, however, upon finding that the safety of persons and the condition of the road and the traffic thereon so warrants, may establish lower speed limits and shall post the same in the area so established;
(3) And, provided further, that it shall be a misdemeanor to operate any motor vehicle in any planted area.
(Ord. 91-06 Att. B (part), 2006).
9.44.020 Parking of motor vehicles, trailers, etc.
(a) No operator of any automobile, trailer, camper or other vehicle, shall park such vehicle in any county park or the county fairgrounds area, except where the operator is using the area for a designated recreational purpose and the vehicle is parked in a designated parking area, or in another area with the permission of the manager or park supervisor.
(b) No person shall park, leave standing or abandon a vehicle in any county park or the county fairgrounds after closing time, except when camping in a designated area, or with permission from the manager or park supervisor.
(c) No person shall park, leave standing or abandon a vehicle in any county park or the fairgrounds in areas designated "No Parking."
(d) Any unauthorized vehicle found parked in violation of subsections (a), (b) or (c) of this section may be towed away at the owner's or operator's expense.
(Ord. 91-06 Att. B (part), 2006).
9.44.030 Consumption of alcoholic beverages.
Opening, possessing alcoholic beverage in an open container, or consuming any alcoholic beverages in any county park or the county fairgrounds shall be prohibited except in the following designated areas and under the following circumstances:
(1) In designated campgrounds, by registered campers or their guests;
(2) In any buildings leased or rented or in a designated signed area, wherein the lessor has obtained and displays the proper permits from the Washington State Liquor Control Board.
(Ord. 91-06 Att. B (part), 2006).
9.44.040 Intoxication in county parks or fairgrounds.
Being or remaining in, or loitering about in any county park area or the fairgrounds while in a state of intoxication shall be prohibited.
(Ord. 91-06 Att. B (part), 2006).
9.44.041 Smoking in county parks or fairgrounds.
All county property, including county parks and fairgrounds, shall be designated nonsmoking areas. County property does not include:
(1) Private vehicles and residences unless otherwise required by individual or group contracts with the county;
(2) County roads;
(3) Any person passing by or through county property while on a public sidewalk or public right-of-way has not intentionally violated this chapter.
(Ord. 91-06 Att. B (part), 2006).
9.44.042 No tobacco sales, advertising, sampling or sponsorship.
(a) The sale of tobacco products or tobacco related merchandise is prohibited on county-owned or leased property or during county sponsored events.
(b) Advertising tobacco products is prohibited on county-owned or leased property or during county sponsored events.
(c) Sampling (free distribution) of tobacco products or tobacco related merchandise is prohibited on county-owned or leased property or during county sponsored events.
(d) Tobacco sponsorship (compensation or promotional items) is prohibited on county-owned or leased property or during county sponsored events.
(Ord. 91-06 Att. B (part), 2006).
9.44.050 Park periods.
The county shall establish for each county park area and the county fairgrounds, according to existing conditions, times and periods when it will be open or closed to the public. Such times and periods shall be posted at the entrance to the area affected and at the facility office. No person shall enter or be present in a county park area or the county fairgrounds after closing time except with specific permission of the park or fairgrounds manager; as a county parks or fairgrounds employee; or as a guest of a county parks or fairgrounds employee.
(Ord. 91-06 Att. B (part), 2006).
9.44.060 Fireworks– Restricted.
(a) No person shall possess, discharge, set off or cause to be discharged, in or into any county parks area or the county fairgrounds, any firecrackers, torpedoes, rockets, fireworks, explosives or substance harmful to the life or safety of persons or property.
(b) Provided, however, that fireworks may be permitted as a part of a professionally conducted display by competent, licensed, bonded pyro technicians, subject to the approval of the local fire district and the county fire marshal.
(Ord. 91-06 Att. B (part), 2006).
9.44.070 Rubbish– Deposit in parks or fairgrounds– Prohibited.
(a) No person shall leave, deposit, drop or scatter bottles, broken glass, ashes, waste paper, cans or other rubbish, in a county park area or the fairgrounds, except in a garbage can or other receptacle designed for such purpose.
(b) No person shall deposit any household or commercial garbage, refuse, waste or rubbish, which is brought as such from any private property, in any county park area or the county fairgrounds garbage can designed for such purpose.
(Ord. 91-06 Att. B (part), 2006).
9.44.080 Sanitation.
No person shall, in any county park area or the county fairgrounds:
(1) Drain or dump refuse or waste from any trailer, camper, automobile or other vehicle, except in designated disposal areas or receptacles;
(2) Clean fish or other food, or wash any clothing or other article for personal household use or any dog or other animal, except at designated areas;
(3) Clean or wash any automobile or other vehicle;
(4) Pollute, or in any way contaminate by dumping or otherwise depositing therein any waste or refuse of any nature, kind or description, including human or animal bodily waste, the soil, any stream, river, lake or other body of water running in, or adjacent to, any county park area or the fairgrounds.
(Ord. 91-06 Att. B (part), 2006).
9.44.090 Firearms and/or other weapons.
No person shall possess a firearm with a cartridge in any portion of the mechanism within any county park area or the fairgrounds, nor shall any person discharge or propel across, in or into any county park area or the fairgrounds, a firearm, bow and arrow, spear, spear gun, harpoon or air or gas weapon, or any device capable of injuring or killing any person or animal, or damaging or destroying any public or private property, except where the county for good cause has authorized a special recreational activity upon finding that it is not inconsistent with county parks or fairgrounds use.
(Ord. 91-06 Att. B (part), 2006).
9.44.100 Dogs on leashes– Horses.
(a) No person shall bring a dog into any county park or the fairgrounds unless the dog is controlled by means of a hand-held leash no longer than six feet. The dog must not be tied and abandoned, but must be at all times under the personal control of the person bringing it to the parks or fairgrounds.
(b) Provided, however, that during the days of the county fair and for the three days prior to the county fair, no dogs will be allowed in exhibit areas or other areas frequented by the general public of the fairgrounds with the exception of service animals for the handicapped and those being exhibited in the fair.
(c) Provided further, that during the aforementioned period of the fair, dogs in camping areas and parking areas must be on a leash and secured such that they are not a menace to passersby.
(d) Provided further, no person shall bring a horse into county park areas, except those park areas specifically developed and posted for horse use.
(Ord. 91-06 Att. B (part), 2006).
9.44.110 Violation– Penalties.
(a) All county employees shall be encouraged to help educate the public about the smoking and tobacco policies in this chapter by reminding violators not to smoke on the property and by adding the guidelines to all use agreements and event publications. Violators, who refuse to comply with the smoking and tobacco policies, may be asked to leave the county park or fairgrounds area.
(b) In addition to the penalty provided in any other existing or future ordinance of the county, failure to comply with this chapter, or any other rule or regulation of the county parks or fairgrounds, or with any other federal, state, or local law, rule, regulation applicable under the circumstances, shall subject the person so failing to comply to ejection from any county park area or the fairgrounds shall be guilty of a misdemeanor and subject to a fine of fifty dollars.
(Ord. 91-06 Att. B (part), 2006).
Chapter 9.48 Sections:
9.48.010 Established. 9.48.020 Basis for permitting outdoor burning. 9.48.030 Written permits. 9.48.040 Residential yard debris burning. 9.48.050 Recreational fires and ceremonial fires.
9.48.010 Established.
An outdoor burning program has been established in Mason County as set out in this chapter.
(Res. 4-95 (part), 1995).
9.48.020 Basis for permitting outdoor burning.
All open fires are permitted either by a written permit or under a general rule burn program.
(Res. 4-95 § 1, 1995).
9.48.030 Written permits.
(a) Written permits may be issued by designated Mason County offices or fire protection districts.
(b) Written permits will only be issued for:
(1) Land clearing fires (larger than four feet in diameter) consisting of natural vegetation resulting from land clearing projects; and
(2) Permits will not be issued for the burning of prohibited materials; and
(3) The duration of a written permit shall not exceed one month; and
(4) Mason County offices will issue no-fee land clearing open burning permits in those fire districts not issuing their own permits; and
(5) Land clearing permits can also be issued by those Mason County fire districts that choose to do so. Fire districts are allowed to charge a fee for the issuance of burning permits; and
(6) Written permits will not be required for residential yard debris fires.
(Res. 4-95 §§ 2, 3, 1995).
9.48.040 Residential yard debris burning.
(a) Residential yard debris burning, fires no larger than four feet in diameter and burn barrels will be allowed under a general rule burn program. Under this concept, property owners will have a total of fourteen days during each calendar year to burn residential yard debris.
(b) Property owners can pick the specific fourteen days to burn, as long as the total, in any calendar year, does not exceed fourteen days.
(c) No fees will be charged for residential yard debris burning and a written permit is not required. However, the person in charge of the fire must have a copy of the Guidelines For Outdoor Fires In Mason County in hand at the fire location.
(d) The brochure– Guidelines For Outdoor Fires In Mason County– will be available through county offices and local fire districts and will be mailed to property owners upon request.
ALARM SYSTEMS
COUNTY PARKS AND FAIRGROUNDS*
OUTDOOR BURNING PROGRAM
| Facility | Unit | Fee |
| Municipal landfill | Application Renewal Closure | $500 200 200 |
| Transfer station | Application Renewal Per Ton | 300 150 1.21 |
| Monofill, inert disposal | Application Renewal | 300 200 |
| Construction demolition Landfill (inert) | Application Renewal Closure | 300 200 200 |
| Construction demolition Landfill (noninert) | Application Renewal | 500 200 |
| Woodwaste, woodwaste recycling-limited purpose landfill, medical incinerator, waste-to-energy, treatment facility | Application Renewal Closure | 2,000 650 200 |
| Biosolids | Permit, inactive site Permit, small site (<1 mil gal/yr) Permit, medium site (1– 3.5 mil gal/yr) Permit, large site (>3.5 mil gal/yr) Additional per gal fee | 500 1,000 2,000 3,500 0.005 |
| Drop box | Application Renewal | 300 150 |
| Piles, surface impoundments | Application Renewal | 200 150 |
| Tire pile, recycling, composting, soil treatment | Application Renewal | 300 150 |
| Waste utilization projects (i.e., tires) | Application Renewal Per hour (>3 hrs) | 300 200 40 |
| Hazardous collection, disposal approvals, variances, permitting storage tank disposal, other consultation | Per hour | 40 |
| Appeal | Per appeal | 40 |
(Res. 151-94 (part), 1994).
9.52.020 Effective date.
The effective date of fees established in this chapter shall be March 1, 1995, except those fees related to the application and renewal of permits which shall be effective January 1, 1995.
(Res. 151-94 (part), 1994).
Chapter 9.56 Sections:
9.56.010 Not used– When. 9.56.020 Barring of entrance or exit– Enforcement of state and local laws. 9.56.030 Implementation.
9.56.010 Not used– When.
It is the policy of the county that excessive force by local law enforcement agencies shall not be used against individuals engaged in lawful and nonviolent civil rights demonstrations within the county boundaries.
(Res. 43-98 § 1, 1998).
9.56.020 Barring of entrance or exit– Enforcement of state and local laws.
It is the policy of the county to enforce applicable state and local laws against the physical barring of an entrance to or exit from a facility or location which is the subject of nonviolent civil rights demonstrations within its jurisdiction.
(Res. 43-98 § 2, 1998).
9.56.030 Implementation.
The county commissioners will coordinate with the county sheriff to implement this chapter.
(Res. 43-98 § 3, 1998).
Chapter 9.60 Sections:
EXCESSIVE FORCE POLICY
CLEAN INDOOR AIR ACT