Chapter 8.47
CHAPLAIN TRACT PUBLIC ACCESS
Sections:
8.47.010 Short title.
8.47.020 Purpose.
8.47.030 Regulations
8.47.040 Definitions.
8.47.050 Enforcement.
8.47.060 Obstructing watershed patrol prohibited.
8.47.070 Refusal to give information to watershed patrol.
8.47.080 Violations.
8.47.010 Short title.
This chapter shall be known and may be cited as the “Chaplain Tract Public Access” ordinance. (Ord. 2020-94 § 3, 1994)
8.47.020 Purpose.
The purpose of this chapter is to provide a safe and environmentally sound public access program for the areas of the Chaplain Tract on which it is allowed. Specifically, this chapter seeks to accomplish this goal by regulating public use of these lands. (Ord. 2020-94 § 1, 1994)
8.47.030 Regulations
The portions of the incorporated Chaplain Tract on which public use is allowed shall be subject to the following regulations:
A. Incorporated, city-owned property located south of the city water filtration plant and outside the Chaplain Reservoir watershed (as defined in the attached map; see also the Chaplain Reservoir Water Protection Ordinance [No. 2019-94]) is open to the public for limited recreational uses including hunting and fishing as licensed by the State Department of Fish and Wildlife.
B. Users seeking access to the Sultan River are advised to proceed with caution. Potentially hazardous natural conditions occur throughout the property, particularly in the vicinity of the Sultan River. Therefore, users proceed at their own risk. Also, river users are advised that the Sultan River may experience sudden increases in flow velocity and depth without warning due to operation of the Jackson Hydroelectric Power Project. For information about Project operating schedules that could affect river flows, contact Snohomish County PUD #1 (powerhouse telephone # (206) 347-5549).
C. No unauthorized person shall enter or remain on city-owned property outside the Chaplain Reservoir watershed (see attached map) between 6:00 p m. and 6:00 a.m. seven days a week. The gate located at the south end of Chaplain Reservoir Road (approximately four miles south of the city filtration plant) will be locked between the hours of 6:00 p.m. and 6:00 a.m. Unauthorized vehicles may be towed and impounded at owner’s expense.
D. Public access areas may be closed at any time for construction, maintenance, or other operational necessities.
E. Parked vehicles shall not restrict access on roads or to gates. Vehicles restricting access may be impounded and towed at the owners’ expense.
F. Motor vehicle access to and use of closed city-owned roads and rights-of-way is limited to authorized vehicles on official business only.
G. Motorized vehicle usage is restricted to developed roads. Off road vehicle (ORV) activity is prohibited.
H. Overnight camping is prohibited.
I. All fires other than city-approved management activities are prohibited.
J. Littering is prohibited.
K. Discharge of firearms is prohibited except when lawfully hunting. Discharge of firearms within one-half mile of the city of Everett Water Filtration Plant or from, across, or along the maintained portion of city-owned roads and rights-of-way is prohibited.
L. Hunters shall not leave animal carcasses or putrescible material (viscera & skins) on the property.
M. No person shall enter or remain on city-owned property within four hundred feet of the city of Everett Diversion Dam in the Sultan River at river mile 9.5.
N. The public is prohibited from marking new trails, hanging new ribbon, or removing existing ribbon.
O. The public is prohibited from damaging, destroying, or removing natural or cultural resources from city-owned property.
P. Horseback riding is prohibited except in limited areas along the Chaplain Road and pipeline right-of-way.
Q. All mineral prospecting is prohibited on or from city of Everett property. Possession of prospecting equipment on city-owned land is prohibited.
R. Visiting and use privileges may be rescinded for cause or violation of these regulations. (Ord. 2020-94 § 2, 1994)
8.47.040 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. “Authorized” means any permitted activity as defined in this chapter.
B. “Off road vehicles (ORVs)” means any motorized vehicle designed for or capable of cross-country travel on or immediately over land, water, sand, snow, ice, marsh, swampland, or other natural terrain. The term excludes any military, fire, emergency, or law enforcement vehicle when used for emergency purposes.
C. “Right-of-way” means the actual property which is publicly dedicated or reserved for road access and for other public purposes such as public utilities.
D. “Watershed” means that area of land that collects and discharges runoff into a specific body of water (used synonymously with “drainage basin” or “catchment”). In this case, the Chaplain Reservoir watershed is a smaller component of the larger Sultan River watershed.
E. “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. 2020-94 § 4, 1994)
8.47.050 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 the 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. 2020-94 § 5, 1994)
8.47.060 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.
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 within the corporate boundary of the city. (Ord. 2020-94 § 6, 1994)
8.47.070 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. 2020-94 § 7, 1994)
8.47.080 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 separation violation. (Ord. 2020-94 § 8, 1994)