Chapter 8.18
PUBLIC BEACHES
Sections:
8.18.010 Purpose.
The purpose of this chapter is to:
A. Prevent fires on public beaches from spreading beyond the intended area of use or causing wildfires.
B. Preventing damage to the public beach from the operation of motor vehicles on the beaches.
C. Protect the health and safety of the public from the accumulation of broken glass and empty glass containers on public beaches.
D. Protect the public health and welfare from unsanitary waste by regulating the activities on the public beaches of the city in order to protect the health and safety of the public. (Ord. 16-803 § 1, 2016)
8.18.020 Definitions.
For the purposes of this chapter, the following word(s) shall have the following meanings:
“Beach” means the shoreline abutting all navigable river and/or lake waters, including, but not limited to, all sand and/or rock areas, and extending landward from the edge of the water to the nearest roadway easement. A private property line also marks the beach boundary. A land owner can mark their own property boundary.
“Fire” means a fire, open flame, on the property defined as the beach, carelessly or negligently thrown or placed ignited substances, tracer bullets or other incendiary device.
“Glass container” means any and all glass containers, including, but not limited to, bottles, jars, remnants thereof, or other containers made from glass.
“Government” means any local municipality, county, state or federal government including fire districts and tribal governments.
“Motor vehicle” means any self-propelled vehicle or an attached towable wheeled device in, upon, or by which any person or property is or may be transported including any frame, chassis, or body of any motor vehicle, including but not limited to all-terrain vehicles with three or four wheels, two wheeled motorized vehicles such as motorcycles or scooters, and golf carts.
Motorized vehicles that use track for locomotion are also prohibited. This definition shall not apply to any motorized wheelchair or other personal assistance mobility device or government owned motor vehicles. (Ord. 16-803 § 1, 2016)
8.18.030 Applicability.
This chapter shall apply to any public beach within the city’s jurisdiction. (Ord. 16-803 § 1, 2016)
8.18.040 General provisions.
A. Prohibition of Fires on Beaches. It shall be unlawful to have an open fire on any public beach in the city of Asotin, except fire pans that contain camp and/or cooking fires are permitted. Fire pans for personal use must not exceed three feet in diameter or three square feet. This provision does not apply to commercial entities that are licensed or have permits from the Forest Service for recreational river use. No wood containing metal fasteners of any kind, or that contains any other materials including, but not limited to, treated lumber or railroad ties, may be burned in the fire pan from July 1st through September 15th. Fires will be extinguished and fire pans removed from the beach by the users of the fire pan. All ash, wood residue, and charcoal residue must be packed out, including partially consumed charcoal briquettes. Propane fire rings and propane or charcoal barbecues are permitted. Cutting or gathering of firewood on the beach is prohibited.
B. Prohibition of Motor Vehicles on Beaches. It shall be unlawful to move or operate any motor vehicle on any public beach in the city of Asotin except:
1. For the express and temporary purposes of launching boats or other watercraft. After boats or other watercraft are launched, all motor vehicles and boats or watercraft trailers must immediately be removed from the public beach, except parking is permitted in spaces designed for the parking of vehicles at boat launches.
2. Vehicles with permits from government agencies for shoreline activities will be permitted on the beach. A Discovery Pass does not include the right to use a vehicle on the beach.
3. Emergency vehicles.
C. Prohibition of Glass Containers on Beaches. No glass container shall be permitted on the beach at any time, whether being carried by a person in their hand, in a cooler, back pack, or similar container, or in a boat being launched from a public beach, or in any vehicle on the beach with permission or without permission to be on the beach in the city of Asotin.
D. Prohibition of Unsanitary Actions. The following are prohibition on city of Asotin public beaches:
1. Depositing in any toilet, toilet vault, or plumbing fixture of any substance which could damage or interfere with the operation or maintenance of the fixture.
2. Possessing litter in an exposed or unsanitary condition, or leaving refuse, debris, or litter on any public beach.
3. Placing in or near a stream, lake or other water any substance which does or may pollute a stream, lake or other water.
4. Failing to dispose of all garbage, including any paper, cans, bottle, sewage, waste water or material or rubbish either by removing from the beach or by depositing it into receptacles or at places provided for such purposes.
5. Dumping of any refuse debris, trash or litter brought as such from private property to any receptacles marked beach refuse disposal. (Ord. 16-803 § 1, 2016)
8.18.050 Enforcement.
A. Failure to Comply. Any person who violates any of the provisions set forth in this chapter or fails to comply with any of the requirements of this chapter commits an infraction subject to enforcement under this chapter. Committing an action prohibited by this chapter a third or subsequent time will be enforced as a misdemeanor, a criminal charge.
B. Investigation. Investigation of violation of this chapter may be initiated by any law enforcement personnel duly authorized by the United States, state of Washington, Asotin County, city of Clarkston, or city of Asotin upon observation or report of any violation.
C. Civil Penalties.
1. The penalty for the first violation, the fine shall not be less than $200.00, and the first $100.00 of the fine may not be suspended of any violation.
2. The penalty for the second violation shall not be less than $500.00, and the first $300.00 of the fine may not be suspended or deferred.
D. Criminal Penalties. All subsequent violations shall constitute a misdemeanor, punishable by a fine up to $1,000, the first $500.00 of the fine may not be suspended or deferred, or up to 90 days in jail or by such fine and imprisonment.
E. Clean-up Costs. In addition to the penalties listed above, restitution for all clean-up, replacement, repair, restoration, investigation, and court costs will be charged to persons violating this chapter.
F. Severability. If any one or more sections, subsections, or sections of this chapter are held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter and the same shall remain in full force and effect. (Ord. 16-803 § 1, 2016)