ORDINANCE 2005-03

 

(AN ORDINANCE CREATING CHAPTER 8.60 OF THE SKAMANIA COUNTY CODE THAT CREATES THE DOUGAN FALLS RECREATION SAFETY CORRIDOR AND SETTING REGULATIONS FOR SAID CORRIDOR,

 

WHEREAS, Dougan Falls Recreation Area of Skamania County receives considerable use from the public; and

 

WHEREAS, residents live adjacent to the Dougan Falls Recreation Area and are impacted by the use of the area; and

 

WHEREAS, regulations governing the Recreation Area could improve the safety and enjoyments of users and residents of the Recreation Area; and

 

WHEREAS, the Skamania County Board of Commissioners, has determined that the safety of the citizens and emergency responders of Skamania County as well as visitors to Skamania County would best be served by the creation of a Dougan Falls Recreation Safety Corridor and adoption of such regulations;

 

NOW, THEREFORE, BE IT ORDAINED BY THE SKAMANIA COUNTY BOARD OF COMMISSIONERS THAT:

 

8.60.010 Creation of Dougan Falls Recreation Safety Corridor.  In the interest of public safety and in order to create a safe recreational opportunity, the “Dougan Falls Recreation Safety Corridor” is created.

 

8.60.020 Boundaries.  The boundaries of the Dougan Falls Recreation Safety Corridor includes 1000 feet on either side from the centerline of the Washougal River beginning at Milepost 15.45 on the Washougal River Road continuing north to Milepost 15.75 on the Washougal River Road (Washougal River Fish Hatchery) AND beginning again at the southern end of the Dougan Falls Bridge and extending north by northeast to the area commonly known as the “Three Corner Rock” Trailhead, inclusive of the Washington Department of Natural Resources (DNR) 2000 Road.

 

8.60.030 Prohibited Activities.  Notwithstanding conduct that is already prohibited by local ordinance, rule, or state statute, the following activities are expressly prohibited within this safety corridor:

1.      Use and/or Possession of Alcoholic Beverages

2.      Discharge of Firearms

3.      Use of fireworks

4.      Any activity including, stopping or standing, from one hour after sunset to one hour before sunrise. (Day Use Only)

5.      Camping (except within the designated DNR campground)

6.      Campfires (except in DNR approved fire pits within the DNR campground)

 

8.60.040 Fires Allowed.  Other fires are permitted within the safety corridor only with a local fire department or DNR permit, upon privately owned property by the property owner, and must comply with all regulations attached thereto.

 

8.60.050 Penalty.  Any violation of this chapter is a misdemeanor and the punishment shall be as provided by Chapter 1.16.020 of the Skamania County Code.

 

8.60.060 Preservation of Private Property Rights.  Nothing in this ordinance shall abridge the rights of a private property landowner in the legitimate use of their property within the safety corridor except as to the discharge of firearms.

 

8.60.070 Discharge of Firearms by Law Enforcement Officers.  Discharge of firearms shall not apply to law enforcement officers in the performance of their official duty.

 

8.60.80     Severability Clause.  If any provision of this regulation or its application to

any person or circumstance is declared unconstitutional or invalid for any reason, such declaration shall not affect the validity of the remainder of the regulation or its application.

 

BE IT FURTHER RESOLVED that this ordinance shall be effective on May 15, 2005.

 

REVIEWED this 14th day of April 2005 and set for public hearing on the 2nd day of May 2005 at 7:00 p.m. at the American Legion Cape Horn Post 122, 10221 Washougal River Road, Washougal, WA.

 

ATTEST:                                                        BOARD OF COMMISSIONERS

SKAMANIA COUNTY, WASHINGTON

 

___________________________________

Chairman

 

___________________________________

Commissioner

 

_________________________                      ___________________________________

Clerk to the Board                                            Commissioner

 

AYE____

NAY____

ABSTAIN____

ABSENT____


 

 

ORDINANCE NO. 2005-03 is hereby duly PASSED AND ADOPTED INTO LAW this ____ day of May2005.

 

ATTEST:                                                        BOARD OF COMMISSIONERS

SKAMANIA COUNTY, WASHINGTON

 

____________________________________

Chairman

 

____________________________________

Commissioner

 

___________________________                  ____________________________________

Clerk to the Board                                            Commissioner

 

APPROVED AS TO FORM ONLY:

 

______________________________

Prosecuting Attorney

 

AYE____

NAY____

ABSTAIN____

ABSENT____