Chapter 8.46
CHAPLAIN WATERSHED PROTECTION
Sections:
8.46.010 Short title.
8.46.020 Purpose.
8.46.030 Regulations.
8.46.040 Definitions.
8.46.050 Enforcement.
8.46.060 Obstructing watershed patrol prohibited.
8.46.070 Refusal to give information to watershed patrol.
8.46.080 Violations.
8.46.010 Short title.
This chapter shall be known and may be cited as the “Chaplain Watershed Protection” ordinance. (Ord. 2019-94 § 3, 1994)
8.46.020 Purpose.
The purpose of this chapter is to protect the public health, safety and welfare of those residents within the Everett water service area. Specifically, this chapter seeks to ensure public health and safety by regulating human activity located within the city-owned Chaplain Reservoir watershed. (Ord. 2019-94 § 1, 1994)
8.46.030 Regulations.
Human activity within the city-owned Chaplain Reservoir watershed shall be subject to the following regulations:
A. No unauthorized person shall knowingly enter or remain in or upon Chaplain Reservoir, its shoreline, and lands located within the Chaplain Reservoir watershed boundary.
B. No person shall land an aircraft on Chaplain Reservoir.
C. No person shall land an aircraft on city-owned Chaplain Reservoir watershed property except as a result of emergency or by permission through prior arrangements with the city. (Ord. 2019-94 § 2, 1994)
8.46.040 Definitions.
The following words and terms when used in this chapter shall mean as follows, unless a different meaning clearly appears from the context:
A. “Everett water service area” means that area bound generally by Arlington to the north; Granite Falls, Chaplain Reservoir and Sultan to the east; the Snohomish/King county line to the south; and Puget Sound to the west (as specifically delineated in the “Water System Plan Update” [city of Everett 1993]) in which domestic and industrial water is provided by the city of Everett to its customers.
B. “Chaplain Reservoir watershed boundary” means generally the area of land that collects and discharges runoff into Chaplain Reservoir, as delineated by fences or signs.
C. “Watershed patrol” means any person designated by the public works director to enforce rules and regulations within city-owned Chaplain property land. Such persons shall bear identification reflecting the authority under which they act, which identification shall be shown to any person requesting the same. (Ord. 2019-94 § 4, 1994)
8.46.050 Enforcement.
A. It shall be the responsibility of the public works director to enforce all provisions of this chapter (as amended).
B. The director and his/her designees shall be empowered to exercise the authority of peace officers on city-owned property within the corporate boundaries of the city to the extent necessary to enforce this chapter, which power shall include issuance of citations.
C. Persons designated by the director to enforce this chapter shall bear identification reflecting the authority under which they act, which identification shall be shown to any person requesting the same. Persons designated to enforce this chapter shall be known as “watershed patrol”. (Ord. 2019-94 § 5, 1994)
8.46.060 Obstructing watershed patrol prohibited.
A person commits the offense of obstructing the watershed patrol if:
A. He/she intentionally uses or threatens to use force to obstruct a person he/she knows or should reasonably know is a watershed patrol person and while such watershed patrol person is performing his/her official duties on city property within the corporate boundary of the city; or
B. He/she intentionally does any act that he/she knows or should reasonably know will interfere with or obstruct a person known to be or who should reasonably be known to be a watershed patrol person and while such watershed patrol person is performing his/her official duties on city property within the corporate boundary of the city. (Ord. 2019-94 § 6, 1994)
8.46.070 Refusal to give information to watershed patrol.
Any person requested to identify himself/herself to a watershed patrol person pursuant to an investigation of a potential or actual violation of this chapter has a duty to identify himself/herself and give his/her current address. (Ord. 2019-94 § 7, 1994)
8.46.080 Violations.
Any person violating any provision of this chapter or failing to comply with its mandatory requirements shall, upon conviction of such violation, be punished by a fine of not more than five thousand dollars plus court costs. Each violation shall be treated as a separate violation. (Ord. 2019-94 § 8, 1994)