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9.10.010 Legislative findings - Purpose. Recreational use of waters in Kittitas County has grown rapidly. Residents and visitors of Kittitas County use the waters of Kittitas County for swimming, boating, floating, wading, fishing and other recreational purposes. The use of motorized vessels for recreational purposes has grown. In certain waters the use of motorized vessels is in conflict with other recreational activities in the waters of Kittitas County inasmuch as the speed and power of such vessels endanger other recreationalists who are swimming, floating, wading or who are in non-motorized vessels. To protect the safety of all persons and to maximize the qualities of recreational experiences of the majority of persons using the waters of Kittitas County, it is necessary to restrict the use of motorized vessels on certain waters. (Ord. 99-09, 1999; Ord. 93-5 § 1, 1993).
9.10.020 Definitions. Terms in this chapter shall mean as follows:
Yakima River
The flowing portion of the Yakima River and any waters which result from the flow of the Yakima River and are connected to the Yakima River by water except for irrigation canals. The
"Yakima River" includes its sloughs, backwaters and dammed portions.
Motorized vessels
Any apparatus which floats and is propelled in whole or in part by machinery, unless such machinery is powered by an electrical battery of 12-volt or smaller capacity.
"Motorized vessels" include "personal watercraft" as defined herein.
Personal watercraft
A vessel which uses an internal combustion engine powering a water jet pump as its primary source of motive propulsion and is designed to be operated by a person or persons sitting, standing or kneeling or being towed behind the vessel, rather than the conventional manner of on-board operation.
Operator
A person who is in actual physical control or in charge of any apparatus which floats, including personal watercraft.
Official motorized vessels
Any motorized vessels which are operated by a person who is under the control, supervision or administrative authority of the government of the United States, the government of the state of Washington, the government of the Yakima Indian Nation, or the government of the county of Kittitas.
"Official motorized vessels" includes private and governmental vessels which are engaged in search and rescue activities under the direction of the sheriff of Kittitas County.
There is established in the immediate vicinity of the Bureau of Land Management Roza Access Area a
"zone" in which boat speed limit is five miles per hour and in which no wakes shall be created by motorized vessels which are not official motorized vessels. The boundaries of this
"zone" shall be determined and designated and signed jointly by the area manager of the Bureau of Land Management and the Kittitas County sheriff's office.
The operation of motorized vessels which are not official motorized vessels is prohibited on the Yakima River from the upstream boundary of the boat speed
"zone" established in subsection (1) of this section, to a line drawn by the downstream edge of the railroad trestle owned by Central Washington Railroad, which is southwest of SR 821 and visible from SR 821 at Mile Post 23.
A restrictive permit to allow short term operation of motorized
vessels on the Yakima River in areas previously unauthorized may be
requested through the Sheriff or his designee. Such permit system will
be operated in such a manner as to allow only persons with demonstrable
needs for access to the restricted zone. Such persons would be allowed
one yearly permit that could be activated upon appropriate notification
to the Sheriff of activated dates. Permits would allow motorized vessel
operation only during the hours of daylight. Permits would be issued
through the Sheriff's Office only after a written request is submitted
and authorized. Any request for a permit must state specifically the
reason for the request. Approval or denial of the permit request would
rest solely with the Sheriff or his designee. Once authorized, motorized
vessels operating under this permit shall be limited to 20MPH. Any
substantiated allegations of negligent or reckless vessel operation by
any permit holder shall result in the immediate revocation and
suspension of the permit and any related privileges.
9.10.040 Violation - Penalty. Any person, firm, or corporation who violates the prohibition of this chapter, or who disobeys, neglects, refuses to comply with or who resists enforcement of any of the provisions of this chapter shall be guilty of a misdemeanor and shall be fined in a sum not to exceed $1,000 or imprisoned in the county jail for a term of not to exceed 90 days or by both fine and imprisonment for each offense. (Ord. 99-09, 1999; Ord. 93-5 § 4, 1993).
Chapter 9.12
MOTOR BOAT LICENSING - REGULATION OF OPERATION
Sections 9.12.010 Definitions. 9.12.020 Public access area signs, buoys. 9.12.030 Unlawful operation. 9.12.040 Life preservers. 9.12.050 Registration required. 9.12.060 Registration certificate, decals issuance. 9.12.070 Registration certificate fees.
9.12.010 Definitions. Terms used in this chapter are defined as follows:
Motor boat
Any waterborne craft propelled in whole or in part by machinery, including those temporarily equipped with detachable motors;
Operator
Every person who is in actual physical control of a motor-powered craft;
Safety buoys
Those established as herein provided and are distinguished from mooring buoys;
Buoy line
A straight line that would exist if drawn between the closest safety buoys;
Auditor
The county auditor;
Bona fide dealer
One who buys and sells boats in the normal course of his business, but does not include the private sale of motor boats between two individuals;
Boat livery
One who operates a business of renting or leasing boats.
(Ord. 9909, 1999; Ord. 63-4 § 1, Vol. M, p. 615, 1963).
9.12.020 Public access area signs, buoys. Upon all waters in the county at public access areas where the waters are used extensively for swimming, launching and removing boats, and water skiing, there shall be designated by proper signs and markers locations of boat launching ramps, skiing areas, and swimming areas as well as appropriately marked safety buoys as required to separate and define the said boat ramp approaches, skiing areas, and swimming areas for the safety of the public. The county road engineer may have such markers installed. It is unlawful for any unauthorized person to move or tamper with such buoys. (Ord. 99-09, 1999; Ord. 63-4 § 2, Vol. M, p. 615, 1963).
It is unlawful for any person under the age of 10 years to operate a motor boat.
It is unlawful for any person owning or in charge of a motor boat to authorize the same to be operated by any person under the age of 10 years.
It is unlawful for any person under 14 years of age to operate a motor boat unless the power installation in said motor boat is 10 horsepower or less, or unless the operator is accompanied by a person 21 years of age or over.
It is unlawful for any person owning or in charge of a motor boat having a power installation of more than 10 horsepower to authorize the same to be operated by any person under 14 years of age unless accompanied by another person who is 21 years of age or over.
No person shall operate any vessel, or manipulate any water skis, surfboard or similar device in a disorderly, grossly indifferent, reckless or negligent manner so as to endanger the life, limb or property of any person. No person shall operate a vessel at a rate of speed greater than will permit him in the exercise of reasonable care to bring the vessel to a stop within the assured clear distance ahead.
It is unlawful for any person to operate any vessel or manipulate any water skis, surfboard or similar device while under the influence of intoxicating liquor or narcotic or habit-forming drugs.
It is unlawful for any person owning or in charge of a vessel to authorize the same to be operated by any person under the influence of intoxicating liquor or narcotic or habit-forming drugs or any person who by reason of a physical or mental disability or limitation would be incapable of safely operating such vessel.
It is unlawful for any person to operate a motor boat at a speed of more than five miles per hour when said motor boat is within 150 feet of any swimmer, dock, float, or row boat.
It is unlawful for any person to operate a motor boat between one half hour after sunset and one half hour before sunrise unless said motor boat is equipped with running lights which shall in all respects conform to the requirements of the United States Code, Title 46, as amended, and the rules and regulations promulgated thereunder insofar as all lighting equipment therein specified. It is unlawful to operate any motor boat at a speed in excess of 10 miles per hour between said hours.
It is unlawful to operate a motor boat in and around safety buoys in any manner except that motor boats shall operate at right angles to the shore line while going out from shore and coming in toward shore.
It is unlawful to operate a motor boat to water ski, freeboard, or aquaplane in designated swimming areas.
It is unlawful to operate a motor boat to water ski, freeboard, or aquaplane in designated boat launchways.
It is unlawful to swim in designated skiing areas or boat launchways.
It is unlawful to tow water skiers unless the motor boat is occupied by at least two persons. (Ord. 99-09, 1999; Ord. 63-4 § 3, Vol. M, pp. 615, 616, 1963).
9.12.040 Life preservers. It is unlawful to operate any boat with or without motor in the waters of the county unless the boat is equipped with either a Coast Guard approved life preserver, buoyant vest, buoyant cushion, or ring buoy for each person who is a passenger in the boat. (Ord. 99-09, 1999; Ord. 63-4 § 4, Vol. M, p. 616, 1963).
9.12.050 Registration required. To aid in the enforcement of the provisions of this chapter, to assist in the identification of vessels, and to facilitate the recovery of vessels, all motor boats used upon the waters of this county shall be registered annually with the county auditor of this county or with the county auditor of the owner's residence. Other vessels may be registered if the owner complies with the appropriate provisions of this chapter. Such registration shall be upon forms provided by the county auditor which shall include at least the following information:
Name and address of the owner;
A description of the vessel or vessels registered, including make (if any), age, approximate length, seating capacity, and material from which constructed;
A description of the motor usually used to power such vessel (if any);
Coast Guard registration number (if any); and
Location of the boat on January 1st of the year registered. Motor boats registered pursuant to a resolution or ordinance of any other county of the state may use the waters of this county without procuring a registration certificate of this county on a reciprocal basis. (Ord. 99-09, 1999; Ord. 63-4 § 5, Vol. M, p. 616, 1963).
9.12.060 Registration certificate, decals issuance. The county auditor shall issue to each person registering a vessel a registration certificate which shall carry the name and address of the owner and a registration number issued either by the Coast Guard or Kittitas County. Registration numbers issued by the county shall run in consecutive sequence and shall be prefixed by the letters SA. Annual registration decals, to be issued by the county auditor to each person registering a vessel, shall be displayed on both sides of the motor boat approximately 12 inches from the stern so as to be visible and legible under ordinary conditions when the motor boat is being operated. Registration decals shall be obtained from the county auditor annually. (Ord. 99-09, 1999; Ord. 63-4 § 6, Vol. M, p. 616, 1963).
Registration certificates shall be issued in the county of residence of the owner or in the county in which the boat is used, and be valid for a calendar year. The auditor shall collect from each person registering a vessel fee of $2.00. Persons purchasing motor boats registered for the current year pursuant to this chapter shall, within 30 days following purchase, transfer such registration to their own names. Such transfer of registration shall be accomplished on forms provided by the county auditor, accompanied by a fee of $0.50. The county auditor may issue a duplicate registration certificate or duplicate validation decal upon the application of any registered owner, accompanied by a fee of $0.50.
Persons owning seven or more vessels may secure a single registration certificate for all such vessels for a single fee of $15.00. Where a single registration number is issued covering seven or more vessels, the owner shall display on the vessel the registration number, registered under the certificate, 12 inches from the stern of the boat running toward the bow, and such number shall be followed by a suffix number starting with the number
"1" and running consecutively. When seven or more vessels are registered under a single registration number, each vessel shall be described on the application form filed with the auditor.
Dealers may be issued an annual registration certificate for a single fee of $2.00, plus $1.00 for each dealer's flag furnished. Such certificate authorizes a bona fide dealer to demonstrate or otherwise use any vessel, held by him for sale, upon the waters of the county without further registration. In applying for a dealer's certificate, no listing of vessels shall be required. When a vessel is operated under a dealer's certificate it is not necessary to display a registration number on the vessel; provided, such vessel is being used for demonstration purposes; and, providing further, that such dealer shall carry and publicly display on the vessel a current numbered dealer's flag which shall be supplied annually by the county auditor for the aforementioned fee.
In order to simplify the registration process, the auditor shall reissue the same registration number to owners re-registering the same vessel in subsequent years. In order to validate the registration number of motor boats in subsequent years, the auditor shall issue with each registration certificate two validation decals which shall be affixed to the motor boat to the left of the prefix letter of the registration number. All fees collected for the registration of vessels pursuant to this chapter shall be deposited to the county current expense fund. In order to simplify the acquisition of registration certificates, the county auditor may place application forms with agents throughout the county and accept mail applications from owners. Agents issuing application forms may charge an additional fee for their services and may be required to secure a bond running to the county. All certificates of registration shall be issued from the auditor's office and may be mailed directly to the owner. (Ord. 99-09, 1999; Ord. 63-4 § 7, Vol. M, pp. 616, 617, 1963).
Chapter 9.16
MOTOR BOATS PROHIBITED ON COOPER LAKE
9.16.010 Violation. It is unlawful and a violation of this chapter to operate any motor boat or aircraft of any type on Cooper Lake located in Township 22 North, Range 13 East, Kittitas County, Washington. (Ord. 99-09, 1999; Ord. 63-1 § 1, Vol. M, p. 517, 1963).
9.16.020 Motor boat defined. For the purpose of this chapter a "motor boat" means a boat equipped with either an inboard motor or an outboard motor or a boat which has in the boat an outboard motor even though it may be temporarily detached from the boat and shall include both gasoline and electrically operated motors. (Ord. 99-09, 1999; Ord. 63-1 § 2, Vol. M, p. 517, 1963).
Chapter 9.17
BOATING ON GLADMAR POND AND LAVENDER LAKE
Sections 9.17.010 Gasoline-powered motor boats - Prohibited. 9.17.015 Gasoline-powered motor boats - Prohibited. 9.17.020 Gasoline-powered motor boats - Penalty for violation.
9.17.010 Gasoline-powered motor boats - Prohibited. It is unlawful and a violation of this chapter to operate any motor boat
(as defined in KCC 9.16.020) powered by a gasoline motor on Gladmar Pond located in the northeast quarter of Section 13, Township 18 North, Range 17 EWM in Kittitas County. (Ord. 99-09, 1999; Ord. 82-1 § 1, 1982).
9.17.015 Gasoline-powered motor boats - Prohibited. It is unlawful and a violation of this chapter to operate any motor boat (as defined in
KCC 9.16.020) powered by a gasoline motor on
Lavender Lake, an inland body of water located within the boarders of Kittitas
County Township 20 North, Range 14 East. (Ord. 2006-42, 2006)
9.17.020 Gasoline-powered motor boats - Penalty for violation. It is a civil infraction for any person, company, firm or corporation to violate any of the provisions of this chapter. Any person found to be in violation of this chapter shall be punished by a fine of not more than $250.00. (Ord. 9909, 1999; Ord. 82-1 § 2, 1982).
Sections 9.18.010 Speed of motor boats - Limited. 9.18.020 Speed of motor boats - Penalty for violation.
9.18.010 Speed of motor boats - Limited. It is unlawful and a violation of this chapter to operate any motor boat (as defined in
KCC 9.16.020) in excess of 10 miles per hour on Little Kachess lake, said lake being located in the northeast quarter and the northeast quarter of the southeast quarter of the southeast quarter of Section 32 and in Sections 17, 20 and 29, all in Township 22, Range 13 EWM, Kittitas County, Washington. (Ord. 99-09, 1999; Ord. 82-5 § 1, 1982).
9.18.020 Speed of motor boats - Penalty for violation. It is a civil infraction for any person, company, firm or corporation to violate any of the provisions of this chapter. Any person found to be in violation of this chapter shall be punished by a fine of not more than $250.00. (Ord. 9909, 1999; Ord. 82-5 § 2, 1982).
Chapter 9.20
HUNTING RESTRICTIONS WITH HIGH POWERED RIFLES*
Sections 9.20.010 Areas closed to use of high powered rifles. 9.20.020 Carrying loaded rifles unlawful. 9.20.030 Big game hunting exempt. 9.20.040 Penalty for violations.
* For the statutory provisions regarding game and game fish, see
RCW Title 77, generally.
9.20.010 Areas closed to use of high powered rifles. During any special or regular deer or elk high powered rifle hunting season in Kittitas County, the following areas in Kittitas County shall be closed to use of high powered rifles:
Area No. 1 - West Side, Lower Kittitas Valley.
That area of Kittitas County bounded by a line, commencing at a point where the Taneum Creek enters the Yakima River, following the said Taneum Creek up stream to a point where the south branch of the Highline Canal crosses over said Creek, thence easterly along the south branch of the Highline Canal to the Umptanum Canyon, thence from said Umptanum Canyon in an easterly direction following along the south boundaries of all irrigated lands to the Yakima River and thence westerly along the Yakima River to the point of beginning.
Area No. 2 - Cle Elum, Roslyn and Ronald. The south one-half of Section 30, Township 20 North, Range 16 E.W.M. That portion of Section 36 which lies north of highway Interstate 90; that portion of Section 25, 26, 27 and 22 which lies south of the Maple Valley Rocky Reach
power line; the northwest one-quarter and the east one-half of Section 28; the south one-half and the northwest one-quarter of Section 21, the southwest one-quarter and the west one-half of the northwest one-quarter of Section 16; the north one-half and the southeast one-quarter of Section 18; and the southwest one-quarter of Section 7, all in Township 20 North, Range 15 E.W.M. The east one-half of the east one-half of the south one-half of Section 12 and the east one-half of the northeast one-quarter of Section 13, all in Township 20 North Range 14 E.W.M.
Area No. 3 - South Cle Elum, PeohPoint.
That portion of Section 33 which lies east of the Yakima River. All of Sections 34, 35 and 36, Township 20 North, Range 15 E.W.M. All of Sections 1, 2, 3, 4, 5, 6, 8 and 12, Township 19 North, Range 15 E.W.M., and all of Section 6, Township 19 North, Range 16 E.W.M.
Area No. 4 - North Side, Lower Kittitas Valley.
That area of Kittitas County bounded by a line, commencing at a point on the Yakima River at the intake of the Cascade Canal in Section 28, Township 19 N., Range 17 E.W.M., thence following the Cascade Canal until it intersects the Dry Creek Road, also known as State Highway 2-I in Section 8, Township 18 North, Range 18 E.W.M.; thence northerly along the said Dry Creek Road until it intersects with the north branch of the Highline Canal in Section 25, Township 19 North, Range 17 E.W.M., thence southeasterly along the centerline of the north branch of the Highline Canal until it intersects with the west R/W line of Wilson Creek Road; thence north along said west R/W line of Wilson Creek Road to the intersection with the north R/W line of the Farrel Road; thence east along the north R/W line of the Farrel Road and Charlton Road to its intersection with the west section line of Section 27, T. 19 N., R. 19 E.W.M.; thence south along the west section line of Section 27,
and 34, T. 19 N., R. 19, E.W.M., to the intersection with the north R/W line of the Carlson Road; thence easterly along the north R/W line of the Carlson Road to the intersection of the east R/W line of the Fairview Road; thence south along the east R/W line of the Fairview Road to the intersection with the centerline of the north branch of the Highline Canal; thence southeasterly along the said centerline of the north branch of the Highline Canal to the intersection with the north line of the SW 1/4 SE 1/4, Section 11, T. 18 N., R. 19 E.W.M.; thence east along the 1/16 line to a point intersecting the west R/W line of the Cooke Canyon Road; thence north along the west R/W line of the Cooke Canyon Road to the intersection with the 1/4 line of Section 6, T. 18, R. 20 W.M. Thence east along said 1/4 line to the intersection of the east section line of said Section 6, thence south along the said section line to the SE corner of said Section 6. Thence east along the south section line of Section 5, T. 18 N., R. 20 E.W.M. to a point intersecting the east R/W line of the Colockum Road; thence south along the east R/W line of the Colockum Road to the centerline of the north branch of the Highline Canal; thence southeasterly along the centerline of said north branch of the Highline Canal to the intersection with the Vantage Highway in Section 3, T. 17 N., R. 20 E.W.M., thence southerly along the Turbine Ditch to a point where the Turbine Ditch intersects the north line of Section 4, Township 16, Range 20 E.W.M.; thence east along said north line of Section 4 and along the north boundary of Section 3 to the northeast corner of Section 3, thence south along the east boundary of Sections 3, 10, 15 and 22 to a point where the east line of said Section 22 intersects the pump lateral of the Kittitas County Reclamation District; thence northwesterly along the pump lateral to a point where said pump lateral intersects the east line of Section 4, Township 16 North, Range 19 E.W.M.; thence north along the east line of said Section 4, to the northeast corner of said Section 4, thence west along the north line of Sections 4 and 5 to the northwest corner of Section 5, thence north along the east line of Section 31, Township 17 North, Range 19 E.W.M., to the northeast corner of the southeast one-quarter of Section 31; thence west along the north line of the south one-half of Section 31 to a point where it intersects the Yakima River, thence up stream along the Yakima River to the point of beginning.
(Ord. 99-09, 1999; Ord. 73-1 § 1, 1973).
9.20.020 Carrying loaded rifles unlawful. During the deer and elk hunting season it is unlawful to carry loaded rifles of legal caliber for said hunting in said areas by any person or persons. (Ord. 99-09, 1999; Ord. 73-1 § 2, 1973).
9.20.030 Big game hunting exempt. This chapter shall not apply to the hunting of big game under such seasons as may be established by the Washington State Department of Game for bow and arrow hunting and further shall not apply to the lawful use of shotguns for big game hunting. (Ord. 99-09, 1999; Ord. 73-1 § 3, 1973).
9.20.040 Penalty for violations. Any violation of this chapter is a misdemeanor and upon conviction shall be punished by not more than 30 days in the county jail and/or a fine of not more than $250.00, or both. (Ord. 99-09, 1999; Ord. 73-1 § 5, 1973).
Sections 9.21.010 Department of Wildlife supervised hunts authorized. 9.21.020 Twenty-four hours prior notice of special hunts required.
9.21.010 Department of Wildlife supervised hunts authorized. Notwithstanding any other provision in this code, it shall not be unlawful to discharge a firearm in any area of the county if such discharge is done under the supervision and control of Washington State Department of Wildlife in the course of special hunts authorized by the Department of Wildlife to protect property or to manage wildlife populations. (Ord. 99-09, 1999; Ord. 91-6, 1991).
9.21.020 Twenty-four hours prior notice of special hunts required. No Department of Wildlife special hunts shall be conducted in areas otherwise restricted or controlled to the use of firearms unless the Department of Wildlife agent has notified the Kittitas County sheriff, in writing, at least 24 hours prior to such special hunt. (Ord. 99-09, 1999; Ord. 91-6, 1991).
Sections 9.30.010 Purpose. 9.30.020 Definitions. 9.30.030 Prohibition against discharge. 9.30.040 Sale limits. 9.30.050 Type of fireworks allowed without permit. 9.30.060 Seizure of fireworks. 9.30.070 Penalty. 9.30.080 Other liabilities and legal rights not affected. 9.30.090 Effective date.
* Prior legislation: Ords. 92-13 and 94-12.
9.30.010 Purpose. The board of county commissioners of Kittitas County recognizes that there are inordinately high risks to public health and safety within the unincorporated areas of Kittitas County due to fire hazards resulting from the sale and discharge of fireworks. It is necessary to protect the public health and safety by limiting the days upon which the sale of Class C (common) fireworks can occur in limiting the time during which said fireworks may be ignited. (Ord. 99-09, 1999; Ord. 95-6, 1995).
9.30.020 Definitions. The words and phrases used for the purpose of this chapter shall have the meanings respectively ascribed to them in this section, except in those instances where the context clearly indicates a different meaning.
Common fireworks
Includes any fireworks which are designed primarily for sale at retail to the public during prescribed dates which produce visible or audible effects through combustion and are classified as common fireworks by the U.S. Bureau of Explosives or in the regulations in the U.S. Department of Transportation and designated at U.N. 0336 1.4G.
Person
Includes individual, firm, partnership, joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit.
Public display of fireworks
An entertainment feature where the public is admitted or permitted to view the display or discharge of special fireworks.
Sale at retail
Includes any sale or transfer, including contracts or orders for sales or transfers, wherein any person at a fixed location or place of business sells, transfers or gives fireworks to a consumer or user.
Sale at wholesale
Includes a sale or transfer to a retailer or any other person for resale, and which also includes any sale or transfer of special fireworks to public display licensees.
Agricultural and wildlife fireworks
Includes fireworks devices distributed to farmers, ranchers, and growers, through a wildlife management program administered by the United States Department of Interior.
Fireworks
Any composition or device, in a finished state, containing any combustible or explosive substance for the purposes of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, and classified as common or special fireworks by the United States Bureau of Explosives or contained in the regulations of the United States Department of Transportation and designated at U.N. 0335 1.3G or U.N. 0336 1.4G.
Special fireworks
Includes any fireworks designed primarily for exhibition display which produce visible or audible effects and classified as such by the U.S. Bureau of Explosives or in the regulations of the U.S. Department of Transportation and designated at U.N. 0335 1.3G.
Pyrotechnics
Any combination of chemical elements or chemical compounds capable of burning independently of the oxygen of the atmosphere and designed and intended to produce an audible, visual, mechanical, or thermal effect as a necessary part of a motion picture, radio or television production, theatrical, or opera.
Pyrotechnic operator
Includes any individual who by experience and training has demonstrated the required skill and ability for safety setting up and discharging public displays of special fireworks.
(Ord. 99-09, 1999; Ord. 95-6, 1995).
9.30.030 Prohibition against discharge. The county of Kittitas prohibits the ignition or discharge of fireworks within the unincorporated areas of Kittitas County except between the period from 9:00 a.m. to 11:59 p.m. on July 4th and from 9:00 a.m. December 31st to 1:00 a.m. of the following day (January 1st) of each year. (Ord. 99-09, 1999; Ord. 956, 1995).
9.30.040 Sale limits. The county of Kittitas limits the sale of Class C (common) fireworks within the unincorporated areas of Kittitas County prior to 9:00 a.m. on July 1st or after 11:00 p.m. on July 4th and prior to 9:00 a.m. on December 31st or after 11:00 p.m. on December 31st of each year. (Ord. 99-09, 1999; Ord. 95-6, 1995).
9.30.050 Type of fireworks allowed without permit. Only Class C (Common Fireworks USDOT 0336 1.4G) will be allowed to be sold, offered for sale, used, discharged, or possessed in Kittitas County, without additional permits and licenses as required by state law. All other types of fireworks, special, agricultural, wildlife, and public display will require additional permits from local officials. (Ord. 99-09, 1999; Ord. 95-6, 1995).
9.30.060 Seizure of fireworks. Any fireworks which are illegally sold, offered for sale, used, discharged, possessed or transported in violation of the provisions of this chapter shall be subject to seizure by the director of public works, through the fire marshal, sheriff's department or code enforcement, or their deputies. Any fireworks seized under this section may be disposed of by the director of public works, through the fire marshal, by summary destruction at any time subsequent to 30 days from such seizure or 10 days from the final termination of proceedings under the provisions of
RCW 70.77.440, whichever is later. (Ord. 99-09, 1999; Ord. 95-6, 1995).
9.30.070 Penalty. Any person violating the provisions of this chapter is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $1,000 and by imprisonment for not more than 90 days, or by both such fine and imprisonment. (Ord. 99-09, 1999; Ord. 95-6, 1995).
9.30.080 Other liabilities and legal rights not affected. Nothing in this chapter shall add to or diminish any other legal rights, or liabilities, either civil or criminal, arising out of the negligent, reckless, knowing or intentional conduct of any person. (Ord. 99-09, 1999; Ord. 95-6, 1995).
9.30.090 Effective date. Ordinance 95-6, codified in this chapter, shall be effective June 27, 1996, which is one year from the date of its adoption. (Ord. 99-09, 1999; Ord. 95-9, 1995).
* See
RCW 9.41.050(4) relating to restrictions about carrying firearms.
9.40.010 Exemption from state law. The jurisdiction of Kittitas County is and shall be exempt from the prohibitions set forth in Subsection (4) [RCW 9.41.050(4)] as enacted and as may be hereafter modified or recodified. This exemption is made under the authority of
RCW 9.41.050(6). (Ord. 99-09, 1999; Ord. 94-16 § 1, 1994).
9.45.010 Public disturbance noises. It is unlawful to create, or to allow property in one's possession or control to be used so as to create any loud, unpleasant, or raucous noise which unreasonably disturbs the peace, comfort, or repose of others. (Ord. 99-09, 1999; Ord. 95-14 § 1, 1995).
9.45.020 Noise disturbances enumerated. Noise disturbances referred to in KCC 9.45.010 may include but are not limited to continuous or repetitive:
Operating motors, engines, motorcycles and snowmobiles in a capricious manner, to be plainly audible within any dwelling unit which is not the source or is generated within 200 feet of any dwelling unit;
Playing amplified or otherwise loud music and voice amplification either live or recorded;
Yelling or shouting at a continuous loud level of sound;
Allowing domestic animals to bark, howl or otherwise make noise either on private or commercial premises for extended periods of time;
Use of noise making fireworks except for duly authorized or approved public displays. (Ord. 99-09, 1999; Ord. 95-14 § 2, 1995).
9.45.030 Presumption. It shall be a rebuttable presumption that any activities enumerated herein disturb the peace, comfort, or repose of others when they take place between the hours of 10:30 p.m. and 7:00 a.m. in a residential area or one containing hospitals, hostelries, convalescent centers, or other places of repose. (Ord. 99-09, 1999; Ord. 95-14 § 3, 1995).
The noises or sounds produced by the operations of agricultural, silviculture and mining equipment for the purpose of production or protection of crops and or other legitimate commercial products or materials are exempt from this chapter.
The noises or sounds produced from or in the raising of or production of livestock including the raising of livestock guardian dogs, horses, cattle, sheep, pigs, and poultry are exempt from this chapter.
The noise and sounds emanating from legitimate training activities located within the boundaries of the
"Yakima Training Center." (Ord. 99-09, 1999; Ord. 95-14 § 4, 1995).
9.45.050 Penalty. Any person violating this chapter shall, upon conviction therefore, be punishable by fine not to exceed $500.00 or imprisonment not to exceed 90 days, or both. (Ord. 99-09, 1999; Ord. 95-14 § 5, 1995).
9.45.060 Variances. From time to time, upon application to the board of county commissioners, further specific exemptions may be granted to this chapter on a fact and date specific basis. An example is the request for and granting of a festival permit. All such exemptions shall be made through proper application to the board of county commissioners and in conformance with existing provisions of the Kittitas County Code, as it now exists, or as amended in the future. (Ord. 99-09, 1999; Ord. 95-14 § 7, 1995).
9.50.010 Definitions. Whenever used in this title, the following items shall be defined as indicated in this section:
Agreements
Any and all written agreements between a person or persons and the department for the purpose of specific use of certain department facilities.
Aircraft
Any machine or device designed to travel through the air, such as an airplane, helicopter, balloon, glider, ultralight, etc.
Alcoholic beverages (or "liquor")
Includes the four varieties of liquor herein defined (alcohol, spirits, wine and beer) and all fermented, spirituous, vinous, or malt liquor, or otherwise intoxicating beverages; and every liquor 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 liquor, semisolid, solid or other substance, which contains more than one percent alcohol by weight shall be conclusively deemed to be intoxicating.
Board
The current and duly elected Kittitas board of county commissioners.
Boat
Any floating device, powered by internal combustion engine or human power, capable of traveling on or under water.
Camper
A motorized vehicle containing sleeping and/or housekeeping accommodations, and shall include a pickup truck with camper, a van-type body, a converted bus, or any similar type vehicle.
Camping
Erecting a tent or shelter or arranging bedding or both, for the purpose of, or in such a way as will permit remaining overnight, or parking a trailer, camper, or other vehicle for the purpose of remaining overnight.
Department
The Kittitas County department of public works.
Director
The director of the Kittitas County department of public works.
Discrimination
Any action or practice which prohibits participants based on sex, age, race, color, national origin, marital status, or the presence of any sensory, mental or physical handicap.
Drugs
Any mind or mood altering substance which is illegal for consumption.
Facilities
Any building, structure, roadway, trail, path, equipment or area operated by the Kittitas County department of public works.
Facility manager
The duly appointed Kittitas County public works employee serving as a manager of a county park.
Fee
The currently adopted fee schedule for use of Kittitas County park facilities.
Motor vehicle
Any self-propelled device capable of being moved upon a road, and in, upon, or by which any persons or property may be transported or drawn, and shall include, but not be limited to, four-wheel drive vehicles, two-wheel drive vehicles, three-wheelers, motorcycles, and snowmobiles, whether or not they can legally be operated upon the public highways, whether licensed or unlicensed.
Permit
Any and all permits, licenses, or approvals required by federal or state law, or required by county ordinance or the Kittitas County public works department.
Person
All natural persons, firms, partnerships, corporations, clubs and all associations or combination of persons whenever acting for themselves or by an agent, servant, or employee.
Reservation
Any and all written reservations for a person or persons for the purpose of specific use of certain department facilities.
Trail
Any path or track designed for use of pedestrians, bicycles, motorcycles, jeeps or equestrians; and which is not of sufficient width, nor graded or paved with concrete, asphalt, gravel or similar substance, so as to permit its use by standard passenger automobiles, or other right-of-way specifically designated and posted for non-vehicular use.
Trailer
A towed vehicle which contains sleeping, housekeeping accommodations or material transporting capabilities.
Kittitas County park area
Any area under the ownership, management, or control of Kittitas County.
(Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.020 Purpose. The park playgrounds, passive use areas, special use areas, roads, paths, trails, activity centers and other park facilities of the department are established by law for public recreation purposes. Public recreation consists of passive use, appropriate to the facility, initiated by individuals, families or small groups with or without reservations and permits; or, large group activities planned by groups and brought under the control of the department when authorized by and conducted under reservation, permit, agreement or contract with the department. (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.030 Hours. The director of public works shall establish for each Kittitas County park area according to existing conditions, times and periods when the park area will be open or closed to the public. Such times and periods shall be posted at the entrance to the Kittitas County park area affected and at the park office. Park hours are subject to current conditions and may vary by season. Park front gates and offices may be open during normal business hours but the park area may be closed to public use when so posted. No person shall enter or be present at a Kittitas County park area after closing time, or when the park area is closed, except persons camping in a designated camping area who have paid the applicable use fee; or persons who have a reservation or are associated with the person or persons having a reservation at a department facility. (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.040 Park facilities - Liability. A person or persons using facilities by reservation or agreement may be required to protect and save Kittitas County, its elected and appointed officials and employees while acting within the scope of their duties as such, harmless from and against all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, arising in favor of the persons, employees or third parties on account of personal injuries, death or damage to property arising out of the premises, or in any way arising out of the acts or omissions of the person and/or his agents, employees or representatives. Users of any and all Kittitas County park facilities or areas do so at their own risk. Kittitas County assumes no liability or responsibility due to accidents or injury through authorized or unauthorized use of department facilities. (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.050 Park facilities - Liability insurance. A person or persons using facilities by reservation or agreement may be required to obtain and maintain during all periods of use public liability insurance acceptable to the county and/or other insurance necessary to protect the public and the county on premises reserved, with coverage of liability not less than combined single limit personal injury and/or personal damage liability of $300.00 per occurrence. The group shall provide a certificate of insurance or an insurance binder prior to the reservation and upon written request of the county, a duplicate of the policy, as evidence of the insurance protection provided. This insurance shall not be cancelled or reduced without prior written notice to the county, 30 days in advance of the cancellation or reduction. (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.060 Park facilities - Cleanup. All groups must leave the facility or area in a condition considered satisfactory to the manager in charge. No group shall conduct activities causing extra custodial work unless previous arrangements have been made to pay for such work and are so stated in the reservation agreement. Causing extra custodial work without previous arrangements may subject the group to mandatory cleanup fees as listed in the currently adopted fee schedule. (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.070 Concessions. Kittitas County reserves all concession rights in county-owned parks. Nonprofit groups and organizations may sell or arrange for a concessionaire to sell concessions to members of their group or organization using a park facility and to spectators at that facility; provided, that arrangements and fees to the department are agreed upon in writing prior to the event(s). (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.080 Park misuse. The misuse of a park facility or the failure to conform with these regulations will be sufficient reason for denying any future application for use of park facilities. (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.090 Motor vehicles - Parking. No operator of any automobile, trailer, camper, boat trailer, or other motor vehicle, shall park such vehicle in any Kittitas County park area other than designated motor vehicle parking area, except where the operator is using the area for a designated recreational purpose and the vehicle is parked either in a designated parking area for the event, or in another area with the permission of the facility manager. No person shall park, leave standing, or abandon a motor vehicle, camper or trailer, in any Kittitas County park area after closing time, except when camping in a designated area, or with permission of the manager. Any vehicle found parked in violation of this section may be towed away at the owner's or operator's expense. (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.100 Camping - Authorization. No person shall camp in any Kittitas County park area except when specifically authorized by the facility manager or the director. (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.110 Camping - Occupancy policy. Occupancy of camping facilities shall be limited to the conditions of the group reservation, agreement, or contract; or limited to occupancy related to an event and so posted at the park. (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.115 Swimming in boat launch areas prohibited. No person shall swim or sunbathe in any designated boat launching area, except by permit issued by the department of public works. (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.120 Game fish. All laws, rules and regulations of the State Game Commission relating to season, limits, and methods of fishing are applicable to fishing for game fish in Kittitas County park areas. No person may fish for, or possess any fish taken from any dam, dike, bridge, dock, boat landing, or beach, which is posted with a sign prohibiting fishing. (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.125 Food fish. All laws, rules and regulations of the State Department of Fisheries relating to season, limits, and methods of taking are applicable to the taking of food fish in Kittitas County park areas except that in addition to such laws, the department, upon its finding and for good cause may close certain Kittitas County park areas for specific periods of time, to the taking of fish. Such closed areas shall be posted. (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.130 Damage to park property prohibited. No person shall cut down, destroy or in any way injure or damage any shrub, tree, vine, grain, grass or crop, standing or growing or which has been cut down, in any Kittitas County park area unless authorized to do so by the department. No person shall deface, damage or destroy any property, material, equipment or facility which is under the jurisdiction of the department. (Ord. 99-09, 1999; Ord. 954, 1995).
9.50.135 Removal of park property. No person shall change the position of or remove any property, material, or equipment from its original position on or from any area under the jurisdiction of the Kittitas County parks department. (Ord. 99-09, 1999; Ord. 954, 1995).
9.50.140 Outside household or commercial waste. No person shall deposit any household or commercial garbage, refuse, waste, or rubbish which is brought as such from any private property, in any Kittitas County park area garbage can or other receptacle designated for rubbish collection. (See Chapter 8.20 KCC, Depositing Garbage in Designated Places, for penalties.) (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.145 Rubbish. No person shall leave, deposit, drop or scatter bottles, broken glass, ashes, waste paper, cans or other rubbish, in a Kittitas County park area, except in a garbage can or other receptacle designated for such purposes. (See Chapter 8.20 KCC, Depositing Garbage in Designated Places, for penalties.) (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.150 Waste from vehicles. No person shall in any Kittitas County park area, drain or dump refuse, oil, gas or waste from any trailer, camper, automobile, or other vehicle, except in designated disposal areas or receptacles. (See Chapter
8.20 KCC, Depositing Garbage in Designated Places, for penalties.) (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.155 Dumping in water prohibited. No person shall 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 bodily waste, in any stream, river, lake or other body of water running in, through or adjacent to any Kittitas County park area. (See Chapter
8.20 KCC, Depositing Garbage in Designated Places, for penalties.) (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.160 Solicitation. No person shall solicit, sell, or peddle any goods, wares, merchandise, liquids, or edibles for human consumption or distribute or post any handbills, circulars, or signs, or use any loudspeakers or other amplifying device in any Kittitas County park area, except by concession contract or by permission by the department. (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.165 Alcoholic beverages - Minors. No person who has not reached his or her twenty-first birthday shall be in possession of or consume of any alcoholic beverage in a Kittitas County park facility or area. (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.170 Fires. Open fires and portable units using flammable material are restricted to designated park areas, fireplaces, fire rings or grills. (Ord. 9909, 1999; Ord. 95-4, 1995).
9.50.175 Area closures. Areas designated by signs or barricades are closed to public access or use. (Ord. 99-09, 1999; Ord. 95-4, 1995).
9.50.180 Violation - Penalty. Every person who violates any of the provisions of this chapter shall be guilty of a misdemeanor and shall, upon conviction, be punished by a fine of not more than $1,000 and/or by imprisonment in a county jail for not more than 90 days. In addition, every person failing to comply with any provision of this chapter shall be subject to immediate ejection from the Kittitas County park area. The Kittitas County public works director, public works employees, and other law enforcement officers are authorized and directed to enforce the provisions of this chapter. (Ord. 99-09, 1999; Ord. 95-4, 1995).
Chapter 9.60
WEAPONS FREE AREAS IN COUNTY BUILDINGS
(Repealed by Ord. 2009-02. Weapon restricted areas of the Courthouse are
designated by judicial order.)
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