Title 8
HEALTH AND SAFETY

Chapters:

8.02 9-1-1 Emergency Telephone Number

8.04 Local Health Jurisdiction

8.08 Solid Waste Disposal

8.12 Solid Waste Planning Agreement

8.13 Solid Waste Handling Standards

8.14 Outdoor Burning

8.16 Hazardous Materials Incidents

8.20 Litter Control

8.22 Noise Regulations

8.30 Outdoor Storage or Accumulation of Materials

8.50 Smoking Regulations

8.60 Dougan Falls Recreation Safety Corridor

8.68 Well and Water Systems

8.70 Railroad Track Grinding Regulations

Chapter 8.02
9-1-1 EMERGENCY TELEPHONE NUMBER

Sections:

8.02.010 Use of 9-1-1 emergency telephone number by nonprofit or governmental agencies limited.

8.02.020 Use of 9-1-1 emergency telephone number by other businesses prohibited.

8.02.030 Penalty.

8.02.010 Use of 9-1-1 emergency telephone number by nonprofit or governmental agencies limited.

Any advertisement, brochure, pamphlet, telephone label, or similar notice which is published by a non-profit or governmental agency and which includes the 9-1-1 emergency telephone number or logo shall not recommend the use of any particular commercial establishment, business or product. In any such notice, the services accessed through 9-1-1 must be clearly defined and distinguished from any other services outlined in the notice and the 9-1-1 emergency telephone number must be highlighted to clearly distinguish it from other telephone numbers.

(Ord. 1994-04 § 1)

8.02.020 Use of 9-1-1 emergency telephone number by other businesses prohibited.

No business (other than those referenced in the preceding section) shall include the 9-1-1 emergency telephone number or logo in any advertisement, brochure, pamphlet, telephone label or similar notice unless specific permission to do so is granted in writing by the Skamania County sheriff.

(Ord. 1994-04 § 2)

8.02.030 Penalty.

Any violation of this chapter is a misdemeanor, and the punishment shall be provided by the laws of the state of Washington. Each day or a portion thereof upon which a violation occurs constitutes a separate offense.

(Ord. 1994-04 § 3)

Chapter 8.04
LOCAL HEALTH JURISDICTION*

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Editor's note: Ord. 2009-05, adopted Dec. 15, 2009, amended ch. 8.04 in its entirety as set out herein. The former ch. 8.04 pertained to public health district and derived from (Part) of Res. Dated 7/20/51.

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Sections:

8.04.010 Established.

8.04.020 Repeal.

8.04.030 Powers and duties of the local health jurisdiction.

8.04.040 Board of health.

8.04.050 Health officer.

8.04.060 Skamania County community health department.

8.04.070 Skamania County community development department.

8.04.080 Interference with notices. ;oh5; 8.04.010 Established.

A. The Skamania County board of county commissioners does confirm and reaffirm withdrawal from Clark County public health (formally Clark County health department) established under Skamania County Resolution Number 2002-76, as provided for in Skamania County Resolution Number 2008-45.

B. The board of county commissioners does hereby establish two separate programs that will provide public health services in all of Skamania County, including all incorporated cities within the geographical boundary of Skamania County:

1. Personal health services will hereafter be referred to as community health. The Skamania County community health department shall consist of public health as well as three programs previously part of the counseling center: mental health, chemical dependency, and developmental disabilities as provided for in Skamania County Resolution Number 2008-46.

2. Environmental health services shall be a division within the Skamania County community development department. The board of commissioners has reorganized the existing department of planning and community development to include the environmental health division and the planning division, hereby referred to the community development department as provided for in Skamania County Resolution Number 2008-46.

3. In coordinating with the Washington State Department of Health, both county departments shall be considered to be the local health jurisdiction.

(Ord. 2009-05, 12-15-09)

8.04.020 Repeal.

The current Skamania County public health district chapter, SCC Chapter 8.04, is hereby repealed in its entirety and is replaced with this chapter. The repeal of SCC Chapter 8.04 does not affect existing permits, land use applications, requirements, or existing enforcement actions.

(Ord. 2009-05, 12-15-09)

8.04.030 Powers and duties of the local health jurisdiction.

The local health jurisdiction shall provide public health services to the residents of and on behalf of the county and cities. In addition, the local health jurisdiction is vested with all the powers and delegated authority to perform duties as set forth in RCW 43.20, 69.06, 69.30, 69.80, 70.05, 70.90, 70.95, 70.118, 70.119, 70.119A, 70.142 and any other applicable state laws.

(Ord. 2009-05, 12-15-09)

8.04.040 Board of health.

A. As set forth in RCW 70.05.030, the board of county commissioners shall constitute the local board of health. The jurisdiction of the local board of health shall be coextensive with the boundaries of said county.

B. The elected chair of the board of county commissioners for each year shall also serve as the elected chair of the board of health.

C. The board of health shall have supervision over all matters pertaining to the preservation of the life and health of the people of Skamania County. In addition to those duties set forth in RCW 70.05, they shall also:

1. Collect, analyze, and disseminate to the community, through the Skamania County community health department and the community development department, information about community health conditions, risks and resources, and the availability of resources to address identified problems; and,

2. Enact such rules, regulations, and polices as are necessary to preserve, promote, and improve the health status of Skamania County residents, and guide the allocation of appropriated and necessary public health resources; and,

3. Assure that necessary and effective public health services are available for the protection of the people of Skamania County, including the control and abatement of nuisances detrimental to public health; and

4. Enforce the public health codes and policies of the county.

D. The board of health shall hold no fewer than one regular meeting in each month of each year; provided, that if no issues over which the board of health has jurisdiction are pending upon its calendar, a meeting may be canceled. All meetings of the board of health shall be open to the public, pursuant to the Open Public Meeting Act, codified in RCW 42.30.

E. Two members of the board of health shall constitute a quorum and business may be transacted by a majority vote. The board of health shall take no actions unless the quorum is met.

F. The clerk of the board of county commissioners shall serve as the clerk of the board of health for purposes of recording and maintaining records from board of health meetings.

G. The board of health shall keep a public record of its transactions, findings, and decisions.

H. Board members shall be reimbursed in the same manner, for the same expenses, and at the same rate county employees are reimbursed for the conduct of public business.

I. In any interlocal agreement for public health services from another county, the Skamania County board of health shall describe how public health policies and fees shall be set for Skamania County.

J. Fees shall be established by resolution of the board of county commissioners from time to time. The board of county commissioners may choose to subsidize all or any portion of any fee charged to Skamania County citizens for public health services provided it budgets sufficient funds to pay the subsidy.

(Ord. 2009-05, 12-15-09)

8.04.050 Health officer.

A. The board of health shall appoint a health officer meeting the qualifications set forth in RCW Chapter 70.05 and other applicable state laws. The health officer may be an employee of Skamania County community health department or the county may contract a health officer through an intergovernmental agreement or personal services contract.

B. The health officer or his designee shall:

1. Enforce public health statutes of the state, rules of the state board of health and the secretary of health, and all local health rules, regulations, and ordinances in his/her jurisdiction regarding public health; and

2. Take such action as is necessary to maintain health and sanitation supervision over the county and cities; and

3. Control and prevent the spread of any dangerous, contagious, or infectious diseases that may occur; and

4. Inform the public as to the causes, nature, and prevention of disease and disability and the preservation, promotion, and improvement of health; and

5. Prevent, control, or abate nuisances that are detrimental to the public health; and

6. Attend all conferences called by the secretary of health, or his or her authorized representative; and

7. Take such measures, as he/she deems necessary, in order to promote the public health; and

8. Participate in the establishment of health education or training activities; and

9. Inspect, as necessary, expansion or modification of existing public water systems, and the construction of new public water systems, to assure that the expansion, modification, or construction conforms to system design and plans; and

10. Collect such fees as are established by the state board of health or the local board of health for the issuance or renewal of licenses or permits or such other fees as may be authorized by law or by the rules of the state board of health.

(Ord. 2009-05, 12-15-09)

8.04.060 Skamania County community health department.

A. The director of community health shall serve as the administrator for personal health services and the board of health.

B. The director shall be responsible for administering the operations of the board, except as designated to the clerk of the board or duties assigned to the local health officer as enumerated in RCW 70.05.070 and other applicable state law.

C. Community health public health and the board of health together shall be a budgeted program within the current expense fund known as public health.

D. The director of community health shall administer any contracts between the county, state, federal, local agencies, or other organizations providing personal health services to the citizens of Skamania County.

E. The director of community health shall also administer funds received from grants, contracts, and other sources for personal health services and other public health services, except environmental health services.

F. The director of community health shall serve as the Skamania County representative on the Region IV Public Health Governing Council.

G. The fees charged by Skamania County community health shall be those adopted by the board of county commissioners and shown on the fee schedule. The board of county commissioners may revise the community health fee schedule at any time.

(Ord. 2009-05, 12-15-09)

8.04.070 Skamania County community development department.

A. The director of community development shall serve as the administrator for environmental health services.

B. The director of community development shall administer any contracts between the county, state, federal, local agencies, or other organizations providing environmental health services to the citizens of Skamania County.

C. The director shall also administer funds received from grants, contracts, and other sources for environmental health services.

D. The fees charged by the Skamania County community development department shall be those adopted by the board of county commissioners and shown on the fee schedule. The board of county commissioners may revise the community development department fee schedule at any time.

(Ord. 2009-05, 12-15-09)

8.04.080 Interference with notices.

No person shall remove, mutilate or conceal any notice or placard of the local health jurisdiction posted in or on any premises or public place except by permission of the health officer or the health officer's designee.

(Ord. 2009-05, 12-15-09)

Chapter 8.08
SOLID WASTE DISPOSAL

Sections:

8.08.010 Authority and scope.

8.08.020 Definitions.

8.08.030 Modification of provisions– WAC 173-310-060 amended.

8.08.040 Sites.

8.08.050 Sanitary landfill sites.

8.08.060 Enforcement.

8.08.070 Violation– Penalty.

8.08.080 Exemptions.

8.08.010 Authority and scope.

Skamania County adopts with respect to its solid waste management RCW 70.95 as it pertains to local government and any applicable Washington Administrative Codes along with amendments thereto.

(Ord. 1998-02 (part))

8.08.020 Definitions.

A. The following definitions shall apply:

1. "County" means Skamania;

2. "Board" means the Southwest Washington health district;

3. "Health officer" means the Southwest Washington health officer or his designee;

4. "Putrescible" means liable to become putrid;

5. "Putrid" means:

a. Decomposed; esp., stinkingly rotten, adv. tending to decomposition

b. Indicating, or proceeding from, decay.

B. In addition to the above, wherever the term "department" or "department of ecology" is used in this chapter or in any of the model ordinances adopted by reference in this chapter, that term means Skamania County.

(Ord. 1998-02 (part); Ord. 1977-11 § 2)

8.08.030 Modification of provisions– WAC 173-310-060 amended.

There is added to WAC 173-310-060 paragraph 5, which shall read as follows:

"Any or all of the provisions above shall be subject to reasonable modification as determined by the County."

(Ord. 1977-11 § 3)

8.08.040 Sites.

A. Only those disposal sites designated by Skamania County as official solid waste transfer station and facilities in this chapter shall be authorized to receive any kind of solid waste that is not otherwise exempt within the jurisdiction covered by this chapter.

B. Until modified, the following sites are designated as transfer stations and disposal sites:

1. Mt. Pleasant (1111 Mt. Pleasant Road)

2. Stevenson (1382 Ryan Allen Road)

3. Underwood (1402 Little Buck Creek Road)

(Ord. 1998-02 (part); Ord. 1977-11 § 4)

8.08.050 Sanitary landfill sites.

There are no areas within Skamania County authorized for sanitary land fills.

(Ord. 1977-11 § 5)

8.08.060 Enforcement.

This chapter shall be enforced uniformly by all health officers and police personnel.

(Ord. 1977-11 § 6)

8.08.070 Violation– Penalty.

Any person who refuses or fails to comply with these rules and regulations shall be subject to a civil penalty not to exceed one hundred dollars per violation. A violation is deemed to have occurred for each day that the violation exists.

(Ord. 1998-02 (part); Ord. 1977-11 § 8)

8.08.080 Exemptions.

A. All conduct regulated by the state or federal agencies, including, but not limited to, open burning, slash burning, field burning and other health regulations, are exempt from this chapter.

B. It is also not the intent of this chapter to deal with the burning of leaves, twigs, branches or other materials commonly disposed of through backyard burning procedures; nor is it the intent of this chapter to deal with individual single-family residences or farm compost piles.

(Ord. 1977-11 § 10)

Chapter 8.12
SOLID WASTE PLANNING AGREEMENT

Sections:

8.12.010 Participation agreement.

8.12.020 Advisory committee participation.

8.12.030 Solid waste management plan update adopted.

8.12.010 Participation agreement.

The county of Skamania, by virtue of the specific authority granted by law, including RCW Section 70.95.080(2), agrees to participate with the cities of North Bonneville, Stevenson and Mid-Columbia in preparing a joint city/county/regional plan for solid waste management.

(Res. 1973-27 (part))

8.12.020 Advisory committee participation.

The county of Skamania agrees to participate on the Skamania County solid waste advisory committee, as well as the Mid-Columbia solid waste advisory committee.

(Res. 1973-27 (part))

8.12.030 Solid waste management plan update adopted.

The solid waste management plan update, dated December, 1984, is opted by the ordinance codified in this section.

(Ord. 1984-07)

Chapter 8.13
SOLID WASTE HANDLING STANDARDS

Sections:

8.13.010 Solid waste handling standards.

8.13.020 Violation and penalty.

8.13.030 Severability clause.

8.13.010 Solid waste handling standards.

Chapter 173-350 WAC, effective February 10, 2003, are hereby adopted by reference as the solid waste handling code of Skamania County as the same may now exist or hereafter be amended. Any subsequent amendment to Chapter 173-350 WAC shall be considered to have been incorporated into this chapter without the need for further amendment.

(Ord. 2004-03 § 1)

8.13.020 Violation and penalty.

Any person, firm or corporation violating or failing to comply with the provisions of this chapter shall be deemed guilty of an infraction and upon conviction, shall be subject to a fine of up to one hundred dollars. Each day a violation of this chapter continues shall be considered a separate offense.

(Ord. 2004-03 § 2)

8.13.030 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.

(Ord. 2004-03 § 3)

Chapter 8.14
OUTDOOR BURNING

Sections:

8.14.010 Definitions.

8.14.020 Fires allowed.

8.14.030 Fire permits.

8.14.040 Emergency burn ban.

8.14.050 Outdoor burning rules.

8.14.060 Enforcement.

8.14.070 Penalties.

8.14.010 Definitions.

As used in this chapter:

"Debris fire" means a fire that has a fire pile not exceeding the outside dimensions of ten feet by ten feet by five feet high or multiple fires that do not exceed a combined total of one hundred square feet.

"Fire marshall" means person designated by the board of county commissioners to perform the duties of a county fire marshal.

"Outdoor burning" means and includes debris fires and recreational fires that occur outside building structures in unincorporated Skamania County.

"Recreational fire" means fire started and retained on private land or in a county-designated campground that is contained within a metal, brick, stone or masonry fire pit.

(Ord. 2006-08 (part))

8.14.020 Fires allowed.

A. No person shall conduct any outdoor burning, or permit outdoor burning to occur except as provided by this chapter or state or federal law.

B. No debris burning shall be allowed without a burning permit.

C. A recreational fire requires no permit. Recreational fires shall be allowed year-round, except during times of an emergency fire burn ban as provided in Section 8.14.040 of this chapter.

D. No outdoor fires are allowed other than those authorized by this chapter or those permitted by other governmental agencies with the authority to regulate fires in Skamania County. Permits must be obtained from the governmental agency responsible for regulating such fires in Skamania County. Permits must be obtained from the governmental agency responsible for regulating such fire.

(Ord. 2006-08 (part))

8.14.030 Fire permits.

A. The fire marshal shall oversee the permitting process for debris fire permitting practices. The permitting process will conform to the laws of the state of Washington and such other ordinances and regulations that are now or may become in effect in Skamania County.

B. Debris Fire Permits. A permit for debris fire burnings only shall be valid October 1st through June 30th. Debris fires are not permitted from July 1st through September 30th of each calendar year. A new permit, issued by Skamania County, must be obtained each year. The permit can be obtained from a self-service station located at each fire protection district station in the unincorporated portion of Skamania County or at the Skamania County engineer's office. A copy of the written permit shall be available at the burn site and provided to authorized fire protection district, county fire marshal or law enforcement personnel upon request.

C. Debris Fire Permit Fee. There shall be no permit fee for debris fires.

(Ord. 2006-08 (part))

8.14.040 Emergency burn ban.

A. If the fire marshal determines emergency conditions exist, the fire marshal may declare a seven-day emergency burn ban at any time during the year, as follows:

1. Against all outdoor burning regulated by this chapter, this includes both debris fires and recreational fires;

2. Against debris fire burning only; or

3. Against recreation fire burning only.

B. The fire marshal shall promptly notify the board of commissioners of such burn ban and the reasons for the ban. The board of commissioners, as soon as practical, shall conduct a public meeting to determine whether to continue and/or extend the burn ban. If extended, the burn ban shall remain in effect until the fire marshal or the board of commissioners orders the ban lifted.

C. The fire marshal shall be responsible to notify the public, county law enforcement, fire protection districts and Washington Department of Natural Resources of all fire bans and resumption of outdoor burning.

(Ord. 2006-08 (part))

8.14.050 Outdoor burning rules.

A. Debris Fire Rules.

1. All debris fires shall be conducted in accordance with state law and the rules and regulations of Skamania County.

2. A debris fire has a fire pile not exceeding the outside dimensions of ten feet by ten feet by five feet high or multiple fires that do not exceed a combined total of one hundred square feet. Debris fires are allowed only from October 1st through June 30th. The debris material used in the fire is limited to leaves, clippings, prunings, and residue from trees, stumps or other natural occurring vegetation.

3. All fires must be attended at all times. A sufficient water supply and shovel must be at the burning site and ready to use.

4. No debris fire burning shall be done during a period of impaired air quality declared by Southwest Washington Clean Air Agency or during an emergency burn ban as described in Section 8.14.040 of this chapter. Burning conditions shall be obtained each day before starting to burn. Phone number will be provided or can be obtained from the county fire marshal.

5. All debris fires shall be done with the following clearances from structures, property lines and other combustible materials:

a. Not less than twenty-five feet for piles sizes four feet by four feet or less.

b. Not less than fifty feet for pile sizes greater than four feet by four feet.

6. Debris fires shall be conducted only during daylight hours.

7. No debris fires are permitted in or within five hundred feet of forest slash without first obtaining a written permit from the governmental agency regulating such fires.

8. If a debris fire creates a nuisance that unreasonably interferes with property use and enjoyment of adjacent property owners, it must be extinguished upon direction from fire control authorities and those designated under Section 8.14.060 of this chapter.

B. Recreational Fire Rules.

1. A recreational fire must be started and retained on private land or in a county-designated campground.

2. A recreational fire must be contained within a metal, brick, stone or masonry fire pit and have a maximum containment diameter of two feet.

3. The material used in the recreational fire is restricted to unpainted wood, charcoal or commercial artificial logs generally designed for campfires. All other materials are prohibited except what paper is necessary to ignite the burning process.

4. A person capable of extinguishing the recreational fire shall attend it at all times and the fire must be totally extinguished before leaving it. A sufficient water supply and shovel must be at the burning site and ready to use.

5. A recreational fire shall have a ten-foot radius free of combustibles, a twenty-foot vertical clearance from overhanging branches, and be located twenty-five feet from all structures and fifty feet from all logging slash and debris.

6. No recreational fire burning shall be done during an emergency burn ban as described in Section 8.14.040 of this chapter.

7. If a recreational fire creates a nuisance that unreasonably interferes with property use and enjoyment of adjacent property owners, it must be extinguished upon direction from fire control authorities and those designated under Section 8.14.060 of this chapter.

(Ord. 2006-08 (part))

8.14.060 Enforcement.

The sheriff of Skamania County shall be responsible to enforce this chapter and issue notices of violation to the person(s) responsible for the fire. In emergency situations where immediate action is required, officials representing a fire authority, such as a Skamania County fire protection district, Skamania County fire marshal, State Department of Natural Resources and/or Southwest Washington Clean Air Agency may extinguish the fire and then notify Skamania County sheriff for further enforcement action under any of the following:

A. Conditions of a permit issued under this chapter are violated;

B. Any open fire is ignited where, under this chapter, such fires are prohibited or where a permit is required and has not been obtained;

C. Prohibited materials are burned in an open fire, including trash and garbage disposal in "burn barrel";

D. Any open fire is ignited when a condition of impaired air quality or burn ban has been declared;

E. Any ignited open fire that is not extinguished when a condition of impaired air quality is declared;

F. The fire causes emissions that unreasonably interfere with property use and enjoyment of adjacent property owners.

(Ord. 2006-08 (part))

8.14.070 Penalties.

A. A violation of this chapter may subject a person to any penalty or other remedy authorized in RCW 70.94. If a fire authority is called to respond to, control or extinguish an illegal or out of control fire, such fire authority may charge and recover from the person responsible for the fire, the costs of its response and control action.

B. Violations under the preceding section will be a civil infraction in accordance with the laws of Skamania County and shall be punishable by a fine of not more than five hundred dollars for each occurrence for debris fires or recreational fires. Any person violating this chapter will also be responsible civilly for any damage or injury caused.

(Ord. 2006-08 (part))

Chapter 8.16
HAZARDOUS MATERIALS INCIDENTS

Sections:

8.16.010 Statutory authority.

8.16.020 Responsibility for cleanup and costs.

8.16.010 Statutory authority.

That as provided in RCW 70.136.030 as amended, the Skamania county sheriff's office is designated as the hazardous materials command agency. This designation shall be filed with the director of the state emergency services as proof of such action.

(Ord. 1987-02 § 1)

8.16.020 Responsibility for cleanup and costs.

Any person transporting or storing hazardous materials shall clean up any hazardous materials incident that occurs during transportation or storage and shall take such additional action as may be reasonably necessary after consultation with the designated incident command agency in order to achieve compliance with all applicable federal, state and local laws and regulations.

Any person, corporation, partnership or business entity responsible for causing the hazardous materials incident is liable to the county for extraordinary costs incurred by the county in the course of protecting the public from actual or threatened harm resulting from the hazardous materials incident.

"Extraordinary costs" as used in this section means those reasonable and necessary costs incurred by the county in the course of protecting life and property that exceed the normal and usual expense anticipated for police and fire protection, emergency services and public works. These shall include, but not be limited to, contractual expenses, legal expenses, over-time for public employees, unusual fuel consumption requirements, decontamination of county-owned property and equipment, loss or damage to publicly-owned equipment and the purchase or lease of any specialized equipment or services required to prosecute the public during the hazardous materials incident. The county prosecuting attorney is authorized to initiate and prosecute any civil action necessary to effectuate this section.

(Ord. 1987-02 § 2)

Chapter 8.20
LITTER CONTROL

Sections:

8.20.010 Short title.

8.20.020 Purpose.

8.20.030 Definitions.

8.20.040 Litter in general.

8.20.050 Enforcement officers and procedures.

8.20.060 Placement of litter receptacles.

8.20.070 Use of receptacles.

8.20.080 Damaging receptacles.

8.20.090 Removal of litter.

8.20.100 Mandatory litter bags.

8.20.110 Sweeping litter into gutter prohibited.

8.20.120 Throwing or distributing handbills in public places.

8.20.130 Depositing handbills on uninhabited or vacant property.

8.20.140 Litter thrown by persons in vehicles.

8.20.150 Vehicle loading.

8.20.160 Violations.

8.20.010 Short title.

The ordinance codified in this chapter shall be known and may be commonly referred to as the "Uniform Litter Control Code."

(Ord. 1987-12 § 1)

8.20.020 Purpose.

The purpose of this chapter is to accomplish litter control in the county. This chapter is intended to place upon all persons within 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 menace and the expense incident to littering.

(Ord. 1987-12 § 2)

8.20.030 Definitions.

Unless the context clearly indicates otherwise, the terms in this code are defined in RCW 70.93.030.

(Ord. 1998-02 (part); Ord. 1987-12 § 3)

8.20.040 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), upon any public place in the county or upon any private property not owned by him, or in any waters within the jurisdiction of the county whether from a vehicle or otherwise, including but not limited to any sidewalk, street, alley, highway or park, except:

A. 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 proper public authority to so use such property; or

B. 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

C. When such person is the owner or does have control or custody 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 personal direction of said owner or tenant and provided said litter will not cause a public nuisance or be in violation of any other state or local laws, rules or regulations.

(Ord. 1987-12 § 4)

8.20.050 Enforcement officers and procedures.

Enforcement of this chapter may be by any police officer. All such 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. 1987-12 § 6)

8.20.060 Placement of litter receptacles.

A. Litter receptacles shall be placed 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 as specified by state regulations.

B. It shall be 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. 1987-12 § 7)

8.20.070 Use of receptacles.

Litter receptacles placed on sidewalks and other public places shall be used only for such litter material as persons may have accumulated while passing along the street or other public places, and in no event shall be used for the disposal of other solid waste, including but not limited to refuse, litter, garbage, animal and/or fish offal or other similar waste materials accumulated in or generated by residences or places of business.

(Ord. 2000-03 (part): Ord. 1987-12 § 8)

8.20.080 Damaging receptacles.

It is unlawful for any person to wilfully damage or deface any litter receptacle.

(Ord. 1987-12 § 9)

8.20.090 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. 1987-12 § 10)

8.20.100 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. 1987-12 § 11)

8.20.110 Sweeping litter into gutter prohibited.

No person shall sweep into or deposit in any gutter, street, 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. 1987-12 § 12)

8.20.120 Throwing or distributing handbills in public places.

No persons shall throw or deposit any handbill upon any public place within the county. Provided, however, that it is not 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.

(Ord. 1987-12 § 13)

8.20.130 Depositing handbills on uninhabited or vacant property.

No person shall throw or deposit any handbill in or upon any uninhabited or vacant private property.

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. 1987-12 § 14)

8.20.140 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. 1987-12 § 15)

8.20.150 Vehicle loading.

A. No vehicle shall be driven or moved on any public street unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, shifting, leaking or otherwise escaping therefrom, except that sand and gravel may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a roadway surface in the cleaning or maintaining of such roadway by public authority having jurisdiction for the same or by persons under contract or other authorization by such public authority.

B. Any person owning or operating a vehicle from which any glass or other objects of its load have fallen or escaped, which would constitute an obstruction or injure a vehicle or otherwise endanger travel upon such public street shall immediately cause such public street to be cleaned of all such glass or other objects and shall pay any cost therefore.

(Ord. 1987-12 § 16)

8.20.160 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. Gross Misdemeanor. In addition to the penalty imposed in subsection A above, any person who violates any provision of this chapter more than two times shall be guilty of a gross misdemeanor and upon conviction thereof shall be punished by a fine of not less than fifty dollars.

In addition thereto, except where infirmity or age or other circumstances would create a hardship, 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 it does not interfere with the person's employment and does not interfere substantially with the person's family responsibilities.

(Ord. 1987-12 § 5)

Chapter 8.22
NOISE REGULATIONS

Sections:

8.22.010 Statutory authority.

8.22.020 Purpose and findings.

8.22.030 Policy.

8.22.040 Definitions.

8.22.050 Mufflers required.

8.22.060 Alteration of vehicle equipment.

8.22.070 Excessive vehicle noise.

8.22.080 Environmental designations for noise abatement.

8.22.090 Maximum noise levels.

8.22.100 Deviations from noise levels.

8.22.110 Daytime exemptions.

8.22.120 Nighttime exemptions.

8.22.130 Nonresidential exemptions.

8.22.140 Motor vehicle noise level– Public way.

8.22.150 Motor vehicle noise level– Off public way.

8.22.160 Variance and implementation schedules.

8.22.165 Enforcement– Authority

8.22.170 Violation– Penalty.

8.22.010 Statutory authority.

The State Legislature has by way of RCW 36.32.120(7) and RCW 70.107.050 authorized counties to adopt noise control regulations designed to promote the public health, safety and general welfare of its citizenry.

(Ord. 2002-13 (part))

8.22.020 Purpose and findings.

A. The purpose of the chapter is to minimize the citizens' exposure to the physiological and psychological dangers of excessive noise and to protect, promote and preserve the public health, safety and welfare. The county intends for this ordinance to control the level of noise in a manner which promotes the use, value and enjoyment of property to include sleep and repose, quiet enjoyment, commerce and the quality of the environment. The commissioners also appreciate the fact that many people wish or need to engage in various activities that will, even when all due caution is exercised, produce disturbing noises.

B. Findings. The county commissioners, having held several public meetings throughout the county, have learned that a problem of excessive and disturbing noises exists within the unincorporated areas of the county and that the county needs to generally implement the State Noise Control Ordinance. The county has also learned that there are some unique circumstances within the county which require the county to adopt some variations from, and additions to, the state law. The county intends to pass a regulation which will balance the rights of those citizens who only wish to enjoy the quiet repose of their home or property with those who wish to engage in those activities that may result in the production of some noise.

(Ord. 2002-13 (part))

8.22.030 Policy.

It is the policy of the county to prevent noise which may jeopardize the health or welfare of its citizenry or degrade the quality of life.

(Ord. 2002-13 (part))

8.22.040 Definitions.

Unless specifically defined in this section, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. All acoustical-scientific terminology used, not defined in this section, shall be in conformance with applicable publications of the American National Standards Institute (ANSI).

"Ambient sound level" means the steady level of background noise at the measurement location independent of the source being tested.

"DBA" means the sound pressure level in decibels measured using the "A" weighting network of a sound level meter as specified in the American National Standards Institute Specifications (S 1.4-1971) for sound level meters.

"EDNA" means the environmental designation for noise abatement, being an area or zone within which maximum permissible noise levels are established.

"Farm orchard or logging equipment" means any vehicle or any attachment to a vehicle when used on agricultural or forest lands for agricultural or logging purposes, including but not limited to: tractors, sprayers, combines, chainsaws, loaders, log trucks and other similar equipment.

"GVWR" or "GCWR" means gross vehicle weight rating or gross combination weight rating, which are the values specified by the manufacturer as the loaded weight of a single or combination vehicle.

"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, and includes but is not limited to cars, trucks, motorcycles, jeeps and dune buggies.

"Motorcycle" means any motor vehicle having a saddle and designed to travel with three or less wheels on the ground, except such vehicles powered by engines not to exceed five horsepower.

"Muffler" means a chambered, baffled, or other designed device which receives exhaust gas from an internal combustion engine and is effective in reducing noise resulting therefrom.

"Noise" means the intensity, duration and character of sounds from any and all sources.

"Off-highway vehicle" means any self-propelled vehicle not used primarily for transporting persons or property upon public highways nor required to be licensed under RCW 46.16.010.

"Person" means any individual, corporation, partnership, association, government or state agency or other entity whatsoever.

"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 other persons, and its vertical extension.

"Public highway" means the entire width between the boundary lines of every way publicly maintained by the Department of Transportation 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.

"Racing event" means any motor vehicle competition conducted under a permit issued by a governmental authority having jurisdiction or, if such permit is not required, then under the auspices of a recognized sanctioning body.

"Sound level meter" means a device, which measures sound pressure levels and conforms to type 1 or type 2 as specified in the American National Standards Institute publications (S 1.4-1971).

(Ord. 2002-13 (part))

8.22.050 Mufflers required.

Every motor vehicle operated within the unincorporated areas of the county shall be equipped with a muffler in good working order and constant operation.

(Ord. 2002-13 (part))

8.22.060 Alteration of vehicle equipment.

No person shall alter or make addition to a vehicle's muffler or other part of the vehicle such that noise emissions exceed those specified in this chapter.

(Ord. 2002-13 (part))

8.22.070 Excessive vehicle noise.

No person shall operate or cause or permit to be operated any vehicle so out of repair, so loaded, or in such a manner as to cause unnecessary and excessive noise.

(Ord. 2002-13 (part))

8.22.080 Environmental designations for noise abatement.

Environmental designations for noise abatement (EDNA) are established by this section. They are based primarily on the present use of land, but also take into consideration the zoning, future and historical usage, as well as the usage of adjacent lands.

A. Class A EDNA are lands where human beings reside and sleep. Typically, Class A EDNA will be the following types of property used for human habitation:

1. Residential;

2. Multifamily living accommodations;

3. Recreational and entertainment (e.g., camps, parks, camping facilities, and resorts);

4. Community service (e.g., hospitals, homes for the aged, health and correctional facilities).

B. Class B EDNA are lands involving uses requiring protection against noise interference with speech. Typically, Class B EDNA will be the following types of property:

1. Commercial living accommodations;

2. Commercial dining establishments;

3. Motor vehicle services;

4. Retail services;

5. Banks and office buildings;

6. Miscellaneous commercial services, property not used for human habitation;

7. Recreation and entertainment, property not used for human habitation (e.g., theaters, stadiums, golf courses, fairgrounds and amusement parks;

8. Community services, property not used for human habitation (e.g., educational, religious, governmental, cultural and recreational facilities).

C. Class C EDNA are lands involving economic activities of such a nature that higher noise levels than experienced in other areas is normally to be anticipated. Typically, Class C EDNA will be the following types of property:

1. Storage, warehousing and distribution facilities;

2. Industrial property used for the production and fabrication of durable and nondurable manmade goods;

3. Agricultural and/or timber property used for the production of crops, plant products, trees or livestock.

4. Mills or other similar industrial properties.

(Ord. 2002-13 (part))

8.22.090 Maximum noise levels.

No person shall cause or permit noise to intrude into the property of another person which noise exceeds the maximum permissible noise levels set forth as follows in this section, with the point of measurement being at the property boundary of the receiving property or anywhere within. The noise limitations established are as set forth in the following table after any applicable adjustments provided for in this chapter are applied:
MAXIMUM PERMISSIBLE ENVIRONMENTAL NOISE LEVELS
EDNA of Noise SourceEDNA of Receiving Property
Class AClass BClass C
Class A55 DBA57 DBA60 DBA
Class B576065
Class C606570

(Ord. 2002-13 (part))

8.22.100 Deviations from noise levels.

The following deviations from the maximum permissible noise levels are permitted:

A. Between the hours of ten p.m. and seven a.m. the noise limitations of Table 8.22.090 shall be reduced by ten DBA for receiving property within Class A EDNAs.

B. At any hour of the day or night the applicable limitations in Table 8.22.090 and the nighttime restrictions of subsection A of this section 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 one and half minutes in any one-hour period.

(Ord. 2002-13 (part))

8.22.110 Daytime exemptions.

The following shall be exempt from the provisions of Section 8.22.090 between the hours of seven a.m. and ten p.m., except for subsection B of this section, sounds created by the discharge of firearms, which is exempt from seven a.m. until the official hour of darkness:

A. Sounds originating from residential property relating to temporary projects for the maintenance or repair of homes, grounds and appurtenances;

B. Sounds created by the discharge of firearms (seven a.m. until the official hour of darkness);

C. Sounds created by aircraft engine testing and maintenance not related to flight operation; provided, that aircraft testing and maintenance shall be conducted at remote sites whenever possible;

D. Sounds created by the installation or repair of essential utility services;

E. Sounds created by blasting and/or mining operations.

(Ord. 2002-13 (part))

8.22.120 Nighttime exemptions.

The following shall be exempt from the provisions of Section 8.22.100(A):

A. Noise from electrical substations and existing stationary equipment used in the conveyance of water by a utility.

B. Noise from existing industrial installations which exceed the standards contained in this chapter and which, over the previous three years, have consistently operated in excess of fifteen hours per day as a consequence of a process necessity and/or demonstrated routine normal operation.

(Ord. 2002-13 (part))

8.22.130 Nonresidential exemptions.

The following vehicles and situations shall be exempt from the provisions of this chapter, except Sections 8.22.050, 8.22.060 and 8.22.070:

A. Any farm, orchard, logging, forest product processing or mining equipment operated on existing farm, orchard, timber, forest product processing or mining properties; provided these properties were being used for one of these purposes on or before June 30, 2002; provided further that the use on such property has not ceased for a period of more than one year;

B. Any public emergency vehicles, or any vehicles operating in a public emergency;

C. Any law enforcement vehicles;

D. Any vehicle operating for the purpose of public road building or maintenance, or for on-site construction of structures between the hours of seven a.m. and ten p.m.;

E. Sounds originating from motor vehicle racing events at existing and authorized facilities;

F. Any airplanes or railroads;

G. Sounds created by motor vehicles when regulated by WAC Chapter 173-62;

H. Sounds created by warning devices not operating continuously for more than five minutes, or bells, chimes and carillons;

I. Sounds created by safety and protective devices where noise suppression would defeat the intent of the device or is not economically feasible;

J. Sounds originating from officially sanctioned parades and other public events;

K. Sounds emitted from petroleum refinery boilers during startup of the boilers;

L. Sounds created by watercraft;

M. Sounds created by the discharge of firearms in the course of hunting;

N. Sounds caused by natural phenomena and unamplified human voices;

O. Sounds created by motor vehicles, licensed or unlicenced, when operated off public highways, except when such sounds are received in Class A EDNAs.

P. Sounds originating from existing natural gas transmission and distribution facilities.

(Ord. 2002-13 (part))

8.22.140 Motor vehicle noise level– Public way.

No person shall operate any motor vehicle upon any public highway or any combination of such vehicles under any conditions of grade, load, acceleration or deceleration in such a manner as to exceed the following maximum permissible sound levels for the category of vehicle, as measured at a distance of fifty feet from the center of the lane of travel within the speed limits specified, using procedures as established by the State Commission on Equipment in WAC Chapter 204-56.

MOTOR VEHICLE PERFORMANCE STANDARDS

Measured at 50 feet (15.2 meters)
Maximum Sound Level, dBA speed Zones
Vehicle Category (type)45 mph (72 kph) or lessOver 45 mph (72 kph)Stationary Test
Motorcycle7882N/A
Automobiles light7278N/A
trucks and all(35 mph)Over
other motor vehicles(56 kph)35 mph
under 10,000 poundsor less(56 kph)
All motor vehicles over 10,000 pounds869086

(Ord. 2002-13 (part))

8.22.150 Motor vehicle noise level– Off public way.

No person shall operate a motor vehicle except as otherwise provided in Section 8.22.130 on areas other than public rights-of-way within the unincorporated areas of the county without an adequate, and operating, muffling device which effectively limits vehicle noise to no more than eighty-six decibels on the "A" scale at fifty feet as measured by the Society of Automotive Engineers (SAE) test procedure J 331a, except that a maximum noise level of one hundred five decibels on the "A" scale at a distance of twenty inches from the exhaust outlets shall be an acceptable substitute in lieu of the SAE test procedure J 331a when measured:

A. At a forty-five degree angle at a distance of twenty inches from the exhaust outlet;

B. With the vehicle stationary and the engine ruing at a steady speed equal to one-half of the manufacturer's maximum allowable ("red line") engine speed or where the manufacturer's maximum allowable engine speed is not known the test speed in revolutions per minute calculated as sixty percent of the speed at which maximum horsepower is developed; and

C. With the microphone placed ten inches from the side of the vehicle, one-half way between the lowest part of the vehicle body and the ground plane, and in the same lateral plane as the rearmost exhaust outlet where the outlet of the exhaust pipe is under the vehicle.

(Ord. 2002-13 (part))

8.22.160 Variance and implementation schedules.

1. Variances may be granted to any person from any particular requirement of this chapter, if findings are made that immediate compliance with such requirement cannot be achieved because of special circumstances rendering immediate compliance unreasonable in light of economic or physical factors, encroachment upon an existing noise source, or because of non-availability of feasible technology or control methods. Any such variance or renewal thereof shall be granted only for the minimum time period found to be necessary under the facts and circumstances. No variance shall be issued for a period of more than thirty days unless the board of county commissioners grants a permanent variance as provided herein.

2. If applicable, an implementation schedule for achieving compliance with this chapter shall be incorporated into any variance issued.

3. Anyone wishing for a variance must submit an application to the county commissioners. The county commissioners shall then, as soon as practical, conduct a public hearing to determine whether, and under what conditions, the variance should be granted. After conducting a public hearing, the county commissioners may grant a variance if the request substantially complies with the standards of the ordinance codified in this chapter and protects the general health, safety and welfare of the public.

4. Sources of noise, subject to this chapter, upon which construction begins after the effective date hereof shall immediately comply with the requirements of this chapter, except in extraordinary circumstances, where overriding considerations of public interest dictate the issuance of a variance.

(Ord. 2002-13 (part))

8.22.165 Enforcement– Authority

A. Law Enforcement. The Skamania County 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, including Southwest Washington Health District or it sucessor are authorized to assist in the enforcement of this chapter.

B. District Court Jurisdiction. Any person who violates this chapter or of the State Noise Control Statute (RCW Chapter 70.107) may be cited into the Skamania County District Court. The district court shall have jurisdiction over all violations of this Chapter to include conducting hearings in contested cases and imposing fines as provided in SCC 8.22.170. The court shall proceed in compliance with the civil rules for courts of limited jurisdiction

C. Cumulative and Alternative Remedies. This chapter shall be cumulative and nonexclusive, and shall not affect any other claim, cause of action or remedy; nor shall it be deemed to repeal, amend or modify any other law or ordinance relating to noise.

(Ord. 2002-13 (part))

8.22.170 Violation– Penalty.

A. A violation of this chapter shall constitute an infraction punishable by a civil penalty not to exceed one hundred fifty dollars per occurrence. Each day shall constitute a separate and distinct offense. In cases of a continuing violation, each day's continuance shall be considered a separate and distinct violation.

B. The driver of any motor vehicle suspected of violating this chapter may be directed by law enforcement to immediately submit the motor vehicle to noise level measurements.

C. The registered owner of any motor vehicle found to be in violation of this chapter shall, within thirty days after the adjudication, provide written certification that the vehicle has been repaired or otherwise modified to comply with this chapter.

(Ord. 2002-13 (part))

Chapter 8.30
OUTDOOR STORAGE OR ACCUMULATION OF MATERIALS

Sections:

8.30.010 Nuisances enumerated.

8.30.020 Enforcement with regard to junk motor vehicles.

8.30.030 Enforcement of other nuisance complaints.

8.30.031 Right to hearing.

8.30.032 Hearing procedure.

8.30.040 Penalty.

8.30.050 Abatement.

8.30.060 Nonconforming uses.

8.30.010 Nuisances enumerated.

Each of the following conditions, unless otherwise expressly permitted by law, is declared to constitute a public nuisance on all unincorporated lands of Skamania County:

A. The outside accumulation of more than two cubic yards of waste, rubbish and trash, including but not limited to bottles, cans, glass, wire, broken crockery, broken plaster, and any other similar abandoned, discarded or unused material, which is visible from an adjacent property or road, unless kept in covered bins or covered receptacles.

B. The outside storage of abandoned, discarded or unused objects or equipment, including but not limited to tires, household furniture, stoves, refrigerators and freezers, which are visible from an adjacent property or road.

C. The outside storage for more than sixty consecutive days of more than five yards of any used or unused building materials which are visible from an adjacent property or road; provided, that nothing herein shall:

1. Prohibit such storage when done in conjunction with a construction project for which a building permit has been issued and which, in the opinion of the county, is being pursued diligently to completion or, when the proposed construction does not require a building permit subject to Title 15 of this code, the construction, in the opinion of the county, is being diligently pursued to completion;

2. Prohibit storage upon the premises of a bona fide lumber yard, dealer in building materials, or other commercial enterprise when the same is permitted under the zoning ordinance and other applicable law;

3. Make lawful any storage when it is prohibited by other ordinances or laws.

D. The presence for more than thirty consecutive days of junk motor vehicles, as defined in RCW 46.55.010 (4), or unattached motor vehicle parts that are visible from an adjacent road or other public or private property.

(Ord. 1989-04 § 1; Ord. 1989-02 § 1)

8.30.020 Enforcement with regard to junk motor vehicles.

Pursuant to RCW 46.55.240, prior to impounding any unauthorized junk vehicles:

A. The appropriate county official shall give notice to the last registered owner of record of any such vehicle(s), and the property owner of record upon whose property said vehicle(s) is located, that a hearing may be requested and that if no hearing is requested, the vehicle(s) will be removed;

B. In the event a hearing is requested by either the vehicle owner or the property owner, a notice giving the time, location, and date of the hearing on the question of abatement and removal of the vehicle(s), or parts thereof, as a public nuisance, shall be mailed, by certified mail, with a five-day return receipt requested, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership;

C. This ordinance shall not apply to (i) a vehicle, or parts thereof, that are completely enclosed within a building in a lawful manner where they are not visible from the street or other public or private property, or (ii) a vehicle, or parts thereof, that are stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer and is fenced according to RCW 46.80.130;

D. Any owner of land upon which any such vehicle is located may appear in person or by representation at the hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for the denial. If it is determined at the hearing that the vehicle was placed on his land without his consent and that he has not subsequently acquiesced in its presence then costs of administration or removal of the vehicle shall not be assessed against the owner or his land;

E. After notice has been given of the intent of the county to dispose of the vehicle, and after a hearing, if requested, has been held, the vehicle, or parts thereof, shall be removed at the request of any law enforcement officer with notice to the Washington State patrol and the department of licensing that the vehicle has been wrecked.

(Ord. 1989-04 § 2: Ord. 1989-02 § 1A)

8.30.030 Enforcement of other nuisance complaints.

The provisions of Section 8.30.010 shall be enforced by the county sheriff, county building official or health district.

(Ord. 1989-04 § 3; Ord. 1989-02 § 2)

8.30.031 Right to hearing.

Upon receiving notice, pursuant to Skamania County Code Section 8.30.050, of the existence of a nuisance enumerated in Skamania County Code Section 8.30.010, the person, firm or corporation named in said notice or the owner of record of such property may request a hearing in writing within ten days of receipt of such notice, pursuant to Section 8.30.032 of this chapter. In the event no hearing is requested, the provisions of Sections 8.30.040 and 8.30.050 shall apply over 8.30.032.

(Ord. 1992-07 (part))

8.30.032 Hearing procedure.

All hearings provided herein shall be conducted by the board of county commissioners or their designated hearings officer upon receipt of written request for such hearing as provided in Section 8.30.031.

Upon receipt of such request, a notice giving the time, location, and date of the hearing on the question of the existence of, abatement of, and removal of the specified nuisance, shall be served by personal service or by certified mail, with a five-day return receipt requested, upon the person, firm, corporation or property owner of record requesting such hearing.

In the event a hearing is requested pursuant to Sections 8.30.031 and 8.30.032, any and all penalties provided in Sections 8.30.040 and 8.30.050 shall be stayed pending the hearing and determination of the board of county commissioners or their designated hearings officer.

In the event it is determined by the board of county commissioners or their designated hearings officer, at the conclusion of the hearing, that the nuisance or nuisances complained of exists, the penalty provisions of Sections 8.30.040 and 8.30.050 shall apply as of the date notice of violation was received by the person, firm, corporation or owner of record named in such notice.

(Ord. 1998-02 (part); 1992-07 (part))

8.30.040 Penalty.

Any person, firm, or corporation who violates any provision of this chapter, shall be liable to the county for a civil penalty of fifty dollars for each day that said violation continues after notice is received by said person, firm or corporation; provided said penalty or any portion thereof may be waived by the board of commissioners if, in its opinion, compliance with the chapter is being diligently pursued.

(Ord. 1989-02 § 3)

8.30.050 Abatement.

In addition to the remedies provided for in Section 8.30.040, the enforcing officer may give notice by certified mail or by personal delivery to the owner of the site of the necessity within ten days of the date of notice to abate the specified nuisance and shall put the notice at the site. If at the end of the ten-day period the site has not been cleaned and the nuisance thus abated, the county is hereby authorized to have such site cleaned and to bill the cost of such cleaning, disposal and administrative costs against the owner of the property. If unpaid, such cost shall become a lien in favor of Skamania County and enforceable as other liens against the real property where such nuisance occurred. The notice shall state with specificity the nuisance which is occurring at the posted site, shall order that such nuisance must be abated within ten days of the date of notice, shall state that if the nuisance is not so abated, the county may remove specified materials and bill for removal and shall become a lien against the property where the nuisance has occurred, and shall state the date of notice. It is illegal for any person to remove such notice until the terms thereof shall have been fully complied with.

If the health officer shall determine in writing that nuisance constitutes an extreme hazard to public health, the county may proceed immediately to abate such nuisance.

(Ord. 1989-02 § 4)

8.30.060 Nonconforming uses.

That portion of a commercial or industrial nonconforming use of property involving outside storage of inventory, supplies or other material shall be abated within six months of the adoption of the ordinance codified in this chapter unless, within such period, application for site plan approval is made and thereafter granted for such outside storage. Site plan approval for nonconforming outside storage shall be processed in accordance with the standards of the district within which such use is first permitted.

(Ord. 1989-02 § 5)

Chapter 8.50
SMOKING REGULATIONS

Sections:

8.50.010 Legislative authority and intent.

8.50.020 Definitions.

8.50.030 Prohibition of smoking in county facilities.

8.50.040 Enforcement.

8.50.010 Legislative authority and intent.

A. RCW 70.160.030 prohibits the smoking in public places except in designated smoking areas and RCW 70.160.040(4) allows a facility or area to be designated in its entirety as a nonsmoking area by the owner or other person in charge.

B. Skamania County recognizes the increasing evidence that tobacco smoke in closely confined places may create a danger to the health of some citizens of Skamania County. In order to protect the health and welfare of those citizens it is necessary to prohibit smoking in all county facilities.

(Ord. 1993-07 (part))

8.50.020 Definitions.

"County facility" means any building or portion of a building owned or leased by the county. It does not include picnic shelters that are not enclosed.

"Smoke" or "smoking" means the carrying or smoking of any kind of lighted pipe, cigar, cigarette, or any other lighted smoking equipment.

(Ord. 1993-07 (part))

8.50.030 Prohibition of smoking in county facilities.

No person may smoke in a county facility unless the board of commissioners has designated a smoking area. The board of commissioners may designate one or more county-owned vehicle within the motor pool to be a nonsmoking vehicle. The county may provide sheltered areas where smoking is allowed near or adjacent to county facilities.

(Ord. 1993-07 (part))

8.50.040 Enforcement.

Any person who intentionally violates the provisions of this chapter shall be subject to a civil fine of up to two hundred fifty dollars.

(Ord. 1993-07 (part))

Chapter 8.60
DOUGAN FALLS RECREATION SAFETY CORRIDOR

Sections:

8.60.010 Creation of Dougan Falls recreation safety corridor.

8.60.020 Boundaries.

8.60.030 Prohibited activities.

8.60.040 Fires allowed.

8.60.050 Penalty.

8.60.060 Preservation of private property rights.

8.60.070 Discharge of firearms by law enforcement officers.

8.60.080 Severability clause.

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.

(Ord. 2005-03 (part))

8.60.020 Boundaries.

The boundaries of the Dougan Falls recreation safety corridor includes one thousand 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.

(Ord. 2005-03 (part))

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:

A. Use and/or possession of alcoholic beverages;

B. Discharge of firearms;

C. Use of fireworks;

D. Any activity including stopping or standing from one hour after sunset to one hour before sunrise (day use only);

E. Camping (except within the designated DNR campground);

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

(Ord. 2005-03 (part))

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.

(Ord. 2005-03 (part))

8.60.050 Penalty.

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

(Ord. 2005-03 (part))

8.60.060 Preservation of private property rights.

Nothing in this chapter 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.

(Ord. 2005-03 (part))

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.

(Ord. 2005-03 (part))

8.60.080 Severability clause.

If any provision of this chapter 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 this chapter or its application.

(Ord. 2005-03 (part))

Chapter 8.68
WELL AND WATER SYSTEMS

Sections:

8.68.010 Authority.

8.68.020 Purpose.

8.68.030 Two connections with an elimination from state rule.

8.68.040 Medical hardships.

8.68.050 Bed and breakfast facilities.

8.68.060 Two connections without an elimination from state rule.

8.68.070 Group B water systems.

8.68.080 Water rights.

8.68.090 "Staged" or "phased" developments.

8.68.100 Water well locations and construction standards.

8.68.110 Violation– Penalty.

8.68.120 Severability clause.

8.68.010 Authority.

A. The Group B Public Water Systems Standards– Chapter 246-291 WAC, effective November 4, 1995, are adopted by reference as the well construction and small public water system code of Skamania County as the same may now exist or hereafter be amended. Any subsequent amendment to Chapter 246-291 WAC shall be considered to have been incorporated into this chapter without the need for further amendment.

B. The Minimum Standards for Construction and Maintenance of Wells– Chapter 173-160 WAC, effective April 23, 1998, and the Regulation and Licensing of Well Contractors and Operators Chapter 173-162 WAC, effective March 23, 1998 are adopted by reference as part of the well construction and small public water system code of Skamania County as the same may now exist or hereafter be amended. Any subsequent amendment to Chapter 173-160 WAC or Chapter 173-162 WAC shall be considered to have been incorporated into this chapter without the need for further amendment.

(Ord. 2007-03 (part))

8.68.020 Purpose.

To establish standards and procedures for installing a well or creating a small public water (Group B) system within Skamania County.

(Ord. 2007-03 (part))

8.68.030 Two connections with an elimination from state rule.

A. For a two-connection (shared) well for two separate lots, an elimination from most of the Group B regulations is granted, if both of the following conditions are met:

1. The two lots must be pre-existing, legal lots of record; and

2. Each of the two connections is for a single-family residence.

B. For a two-connection (shared) well for two separate residences located on one lot, an elimination from most of the Group B regulations is granted, if both of the following conditions are met:

1. The lot must be a pre-existing, legal lot of record; and

2. Each of the two connections are for a single-family residence.

C. If the county short plat process is used to divide a single lot into two lots, and each of the two proposed new lots are two acres or larger in size, then the two connections with an elimination from state rule will apply.

D. The reduced Group B requirements will consist of the following:

1. A Department of Ecology (DOE) issued water right certificate is required if the water source is not a well (See Section 8.68.080(B) for water source explanation);

2. Well log or acceptable equivalent showing sufficient gallons per minute (gpm);

3. Normal initial water quality tests (satisfactory bacteria, nitrate and arsenic as tested by Skamania County health department for private wells);

4. A restrictive covenant must be filed on the title for each of the two lots, as a permanent encumbrance to the title and to the land, binding to both parties, identifying the well site, a one hundred foot radius sanitary control area, and prohibiting potentially contaminating activities or structures within this sanitary control area (See Section 8.68.070(K)) for the restrictive covenant language);

5. A ten-foot minimum easement must be filed on the title for each of the two lots, as a permanent encumbrance to the title and to the land, binding to both parties which accurately identifies the source, complete distribution system and components across the lot lines and grants permanent access to these areas for future maintenance purposes.

E. Testing once each year for bacteria and testing every three years for nitrates is strongly encouraged, but is not required, as an additional elimination from Group B regulations.

(Ord. 2007-03 (part))

8.68.040 Medical hardships.

A. A hardship condition is defined by the Skamania County health department as:

1. A medical condition which requires close family care from immediate family members;

2. A written doctor's statement identifying the required care is required;

3. A second, temporary residence (mobile home) is located on the same lot, sharing the same drainfield and the same well/water source;

4. A special permit is issued by the Skamania County health department, based on the documented medical need, to share the drainfield and the well;

5. This special permit is issued for a period of two years and is reviewed and renewable every two years, until the medical condition changes and the second, temporary mobile home is no longer required;

6. Once the medical condition ceases, the second temporary mobile home must be disconnected from the drainfield and from the well and removed from the property within ninety days.

B. An individual or family which meets the medical hardship criteria will be allowed to eliminate most of Group B requirements.

C. In the event that a surface water source is being used (See Section 8.68.080(B)) for water source explanation) prior to the hardship application, the water right issue will not be a basis for refusal. No water right is required for a hardship.

D. The reduced Group B requirements for a medical hardship will consist of the following:

1. Well log or acceptable equivalent showing sufficient gallons per minute (gpm); and

2. Normal water quality test is required (satisfactory bacteria, nitrate and arsenic as tested by Skamania County health department for private wells).

E. Testing once each year for bacteria and testing every three years for nitrates is strongly encouraged, but is not required, as an additional elimination from Group B regulations.

(Ord. 2007-03 (part))

8.68.050 Bed and breakfast facilities.

A. A bed and breakfast facility is permitted as a food establishment by the Skamania County health department. As a permitted food establishment, the water source is also subject to regulations in order to protect the health of the patrons by ensuring safe and reliable drinking water. Elimination from most of the Group B regulations is granted.

B. The reduced Group B requirements will consist of the following:

1. Well log or acceptable equivalent showing sufficient gallons per minute (gpm);

2. Normal initial water quality tests (satisfactory bacteria, nitrate and arsenic as tested by Skamania County health department for private wells);

3. A totalizing water meter must be installed as close to the water source as possible in a manner that accurately measures the complete usage;

4. Testing required annually for bacteria and every three years for nitrates;

5. Water quality test results must be kept as a permanent record, and must be made available to the Skamania County health department as a condition of renewal of the annual food establishment permit.

(Ord. 2007-03 (part))

8.68.060 Two connections without an elimination from state rule.

A. If the county short plat process is used to divide a single lot into two lots, and at least one of the proposed new lots is less than two acres in size, then the two connections with an elimination from state rule will not apply and the developer or property owner must comply with the Group B water system conditions as set below.

B. If a lot-line adjustment is planned, such that the smaller lot is less than two acres in size, then the two connections with an elimination from state rule will not apply and the developer or property owner must comply with the Group B water system conditions as set below.

C. If a two-connection (shared) well is proposed for a development and at least one of these connections is for a multi-unit residence or other commercial-type facility, then the two connections with an elimination from state rule will not apply and the developer or property owner must comply with the Group B water system conditions as set below.

(Ord. 2007-03 (part))

8.68.070 Group B water systems.

A. Chapter 246-291 WAC sets forth standards for creating and maintaining small public water systems, currently known as Group B public water systems.

B. Washington State Department of Health (DOH), office of drinking water (ODW), has the authority to set and update as needed all design standards and guidance documents governing small public water systems.

C. All development within Skamania County that does not meet the elimination conditions as set forth above must fully comply with Chapter 246-291 WAC and to the Skamania County well and Group B small public water system ordinance as contained herein.

D. The Skamania County health department is the responsible agency and has the authority for reviewing and approving or denying new Group B water systems and changes to existing Group B water systems within Skamania County.

E. All water system components (well, pump, totalizing meter, pressure tanks, storage tanks, valves, electrical controls, etc.) must be installed, functional and approved. Bonding is not allowed.

F. A totalizing water meter (either cubic feet or gallons) must be installed as close to the water source as possible in a manner that accurately measures the complete usage.

G. If the short plat or subdivision includes a private road for access to the lots, the water distribution system must be fully installed such that there is a service connection to the property line of each proposed new lot.

H. The distribution system and each service connection shall be properly sized according to Uniform Plumbing Code and/or other applicable plumbing standards.

I. For each of the proposed lots, the service line supplying potable water to the lot shall include a gate valve or ball valve, followed by a one-way check valve, followed with a length of pipe at least twelve inches long and securely capped. All components must be buried a minimum of eighteen inches to avoid freezing. The shut-off valve (gate or ball) shall be located within a valve box accessible by a removable lid for exercising the valve and maintenance. The valve box shall be installed such that the top is flush to the final grade. The purpose of the shut-off valve, one way check valve and length of pipe is to allow each property owner to make a connection to their residence in a manner that isolates their property connection and plumbing work without placing the rest of the distribution system at risk.

J. The water system covenant, or CC&R, or water users agreement (whichever shall apply) shall include protective restrictions within the wellhead protection area (also known as the sanitary control area or SCA), shall be filed with the short plat or subdivision and be included as a permanent encumbrance on the title and on the land, binding to all parties, for each proposed new lot being serviced by the water system.

K. The water system covenant or CC&R, or water users agreement (whichever shall apply), shall include language that clearly restricts any and all of the following potential sources of contamination within the one hundred-foot radius wellhead protection area (also known as the sanitary control area or SCA):

1. Septic tanks and drainfields;

2. Sewer lines;

3. Underground storage tanks;

4. Above-ground fuel storage tanks;

5. Roads;

6. Vehicles and/or vehicle parking activities;

7. Barns;

8. Maintenance shops for vehicle or motor repair activities;

9. Feed stations;

10. Domestic grazing animals;

11. Enclosures for maintaining fowl or animal manure;

12. Liquid or dry chemical storage;

13. Herbicides (other than routine weed control carefully applied in accordance with manufactures directions);

14. Insecticides;

15. Hazardous waste;

16. Garbage of any kind or description.

L. The well and wellhead protection area (also known as the sanitary control area or SCA) and associated easements for the distribution system must be fully contained within the short plat or subdivision and shall not extend past the boundary of the proposed new development.

M. The well and surrounding wellhead protection area (also known as the sanitary control area or SCA) shall consist of the required one hundred-foot radius. This area shall not be included in the "buildable" lot size, i.e., a proposed new parcel must be sized such that a new proposed lot which contains the water-system well or a portion of the SCA will actually be sized for the minimum acceptable lot size plus the portion of the SCA that lies within the proposed lot lines.

N. The minimum water quality testing requirements for all Group B water systems within Skamania County shall be annual for bacteria and every three years for nitrates. Some Group B water systems may be required to have additional testing, as determined by the Skamania County health department or by the State Department of Health, Office of Drinking Water.

(Ord. 2007-03 (part))

8.68.080 Water rights.

A. In addition to the Group B standards as set by Chapter 246-291 WAC and in addition to the design and guidance documents of Washington State Department of Health, Office of Drinking Water, water system requirements will consist of the following:

B. A Department of Ecology (DOE) issued water right (certificate, deed, claim, or equivalent) is required for all water sources not meeting the definition of a well. A water source not meeting the definition of a well is defined as a surface water source and includes springs, creeks, rivers, ponds, lakes or equivalent.

C. Without a DOE issued water right (certificate, deed, claim, or equivalent), a maximum of six, single-family residential water service connections or the combined equivalent is allowed.

D. A DOE issued water right (certificate, deed, claim, or equivalent) is required for a well if more than six, single-family residential water service connections or the combined equivalent is desired.

E. A DOE issued water right (certificate, deed, claim, or equivalent) is required for a well for any conditions in which more than five thousand gallons per day peak use is anticipated.

F. If a DOE issued water right (certificate, deed, claim, or equivalent) is required, the water right must be fully obtained from the state DOE, with a hard copy of the actual certificate included in the Group B water system application submitted to the Skamania County health department.

G. In the event that DOE adopts a new or revised written rule (WAC) or written guidance document regarding a change in the number of single-family connections considered "exempt" from a (DOE) water right, the Skamania County health department will likewise follow this new DOE rule or written policy accordingly for all future short plat and subdivision development.

(Ord. 2007-03 (part))

8.68.090 "Staged" or "phased" developments.

A. For the purposes of the water system servicing a short plat or subdivision, a "staged" or "phased" development shall be defined as the intent by a property owner or developer to short plat or subdivide a large parcel in multiple smaller lots, leaving a single large lot for creating more lots (within the remaining large lot) at a future time.

B. For future "staged" or "phased" development of property, the new well and wellhead protection area (also known as the sanitary control area or SCA), and water system must be fully contained within the new short plat or subdivision and shall not extend past the boundary of the proposed new development.

C. An existing well, wellhead protection area or SCA, and water distribution system shall not be impacted by future "staged" or "phased" activities or roads or property lines.

D. No portion of a new or proposed short plat or subdivision, land development activities, roads, lot lines or easements due to future land development activities shall encroach into the pre-existing wellhead protection or SCA or water distribution system easements of a prior approved development.

E. Short plat or subdivision land development which requires a new Group B water system to service the proposed new development will be reviewed for water availability. This proposed water system may be denied due to water availability issues, as determined by Skamania County or state agencies. In the event of a denial for a Group B water system based on water availability, further land development (breaking-out or creating additional lots) will also be denied.

F. In the event that DOE issues a new written rule (WAC) or written guidance document regarding a change in "staged" or "phased" development, effectively changing the current standard practice of five-year time increments between subsequent short plats or subdivisions, the Skamania County health department will likewise follow this new DOE rule or written policy for all future short plat and subdivision development.

(Ord. 2007-03 (part))

8.68.100 Water well locations and construction standards.

A. Chapter 173-160 WAC sets forth Minimum Standards for the Construction and Maintenance of Wells and for decommissioning old wells.

B. Chapter 173-162 WAC sets forth Regulation and Licensing of Well Contractors and Operators.

C. Washington State Department of Ecology (DOE) has the authority to set, and update as needed, all rules and regulations, including design standards and guidance documents governing water wells, well drillers and well drilling activities.

D. All land development within Skamania County that includes new water wells or decommissioning existing wells must meet all applicable Chapter 173-160 WAC Minimum Standards for the Construction and Maintenance of Wells. Any subsequent amendments to Chapter 173-160 WAC shall be considered to have been incorporated into this chapter without the need for further amendment.

E. All individuals or companies drilling new wells or decommissioning existing wells within Skamania County must meet all applicable Chapter 173-162 WAC Regulations and Licensing of Well Contractors and Operators. Any subsequent amendments to Chapter 173-162 WAC shall be considered to have been incorporated into this chapter without the need for further amendment.

F. All land development within Skamania County that includes decommissioning an existing well or wells must meet the following conditions:

1. All decommissioning activities must be completed by a licensed driller.

2. For a short plat or a subdivision, the final mylar must clearly identify the well or wells that are decommissioned as part of the short plat or subdivision approval process.

3. For a short plat or a subdivision, the final mylar must clearly identify a ten-foot radius around each decommissioned well, identifying this as the wellhead protection area (also known as the sanitary control area or SCA).

4. All decommissioning activities must be fully completed and documentation (See subsection (F)(6) below) supplied to Skamania County health department prior to final short plat or subdivision approval and filing.

5. A private landowner who has a well decommissioned on their land must:

a. File a notice to title within thirty days following a decommissioning.

b. Notice to title must be a permanent encumbrance to the title and to the land.

c. Notice to title must clearly identifying the location of the decommissioned well site within an accuracy of two feet.

d. Notice to title shall clearly mention a ten-foot radius around the decommissioned well and identify this as a permanent wellhead protection area (also known as the sanitary control area or SCA).

e. Deliver a copy of the notice to title and the decommissioning documentation (See subsection (F)(6) below) to Skamania County health department within thirty days.

6. For each decommissioned well, documentation must be submitted to the Skamania County health department and shall include a report or receipt from the licensed well driller clearly identifying the notice of intent (start card) submitted to DOE, the procedures followed and the quantity of materials (cement, bentonite, etc.) used to decommission it.

G. All new wells must be located outside the water resource or riparian buffer as defined by the Skamania County Critical Areas Code.

H. A waiver from the Skamania County Critical Areas Code for the purpose of developing a specific lot shall also imply a waiver for locating the well inside the normal buffer setback. However, at no time may a well be located closer to the ordinary high water line than the reduced and approved shorelines setback.

(Ord. 2007-03 (part))

8.68.110 Violation– Penalty.

Any person, firm or corporation violating or failing to comply with the provisions of this chapter shall be deemed guilty of an infraction and upon conviction, shall be subject to a fine of up to one hundred dollars. Each day a violation of this chapter continues shall be considered a separate offense.

(Ord. 2007-03 (part))

8.68.120 Severability clause.

If any provisions 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.

(Ord. 2007-03 (part))

Chapter 8.70
RAILROAD TRACK GRINDING REGULATIONS

Sections:

8.70.010 Title.

8.70.020 Definitions.

8.70.030 Purpose.

8.70.040 Authority and administration.

8.70.050 Applicability.

8.70.060 Regulations for track grinding.

8.70.070 Severability.

8.70.080 Liability for damages.

8.70.090 Penalty.

8.70.010 Title.

This chapter shall be known and may be cited as the Skamania County Code Chapter 8.70, Railroad Track Grinding Regulations.

(Ord. 2008-09 (part))

8.70.020 Definitions.

As used in this chapter:

"Entity" means the corporation, owner, person, or others performing or contracting for railroad track grinding activities.

(Ord. 2008-09 (part))

8.70.030 Purpose.

This chapter is intended to provide regulations for railroad track grinding activities within the unincorporated area of Skamania County.

(Ord. 2008-09 (part))

8.70.040 Authority and administration.

The Skamania County fire marshal shall administer, interpret, and enforce this chapter. The fire marshal shall have the authority to take such actions as may be required to enforce the provisions of this chapter.

(Ord. 2008-09 (part))

8.70.050 Applicability.

No entity shall perform or allow to be performed any railroad track grinding activity without following the provisions of this chapter.

(Ord. 2008-09 (part))

8.70.060 Regulations for track grinding.

A. The entity shall provide the county fire marshal's office with an annual railroad track grinding schedule prior to the commencement of any track grinding activities in a calendar year.

B. The entity shall contact the Skamania County dispatch at the Skamania County sheriff's office at least seventy-two hours before grinding operations begin in the county.

C. Prior to the commencement of track grinding operations, the entity shall provide the county fire marshal's office with a contact list of contractor and local entity personnel involved with the grinding operations. The list shall include appropriate communication contract information for the contractor and entity personnel listed to allow for immediate communication.

D. The entity shall contact Skamania County dispatch at the Skamania County sheriff's office at the start and end of each grinding operation shift and provide the following information:

1. Location of grinding as referenced to State Road 14.

2. Time of start and finish of grinding operations.

E. At the request of the county fire marshal, the entity shall allow appropriate personnel, with appropriate training, appointed by the county fire marshal to accompany the grinding operations.

F. The entity will provide two high rail inspections following the conclusion of each operational shift of the grinding operations, the first to occur within three hours and the second to occur within twelve hours.

(Ord. 2008-09 (part))

8.70.070 Severability.

If any section, subsection, chapter or other portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such section, subsection, chapter or portion thereof shall be deemed a separate provision of this chapter and such holding shall not affect the validity of the remaining portions of this chapter. Where conflicts exist between standards, the more restrictive shall apply.

(Ord. 2008-09 (part))

8.70.080 Liability for damages.

This chapter shall not be construed to hold Skamania County, its officers, employees or agents responsible for any injury or damage resulting from the failure of any person subject to this chapter to comply with this chapter, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this chapter on the part of Skamania County, its officers, employees or agents.

(Ord. 2008-09 (part))

8.70.090 Penalty.

It shall be a civil infraction for any violation of this chapter, punishable by a fine of up to one thousand dollars per violation. Any violation which occurs over a period in excess of twenty-four hours shall be considered as two separate and distinct violations for purposes of enforcing the fines hereunder. The Skamania County district court shall have jurisdiction to review and enforce any fine hereunder.

(Ord. 2008-09 (part))