Title 25
FOREST PRODUCTS

Chapters:

25.04 Harvesting and Transporting Minor Forest Products

Chapter 25.04
HARVESTING AND TRANSPORTING MINOR FOREST PRODUCTS

Sections:

25.04.010 Definitions.

25.04.020 Removal from private land unlawful.

25.04.030 Transporting without authority unlawful.

25.04.040 Bill of sale.

25.04.050 Load ticket required – Minor forest products.

25.04.060 Load ticket required – Cedar products.

25.04.070 Record of purchase.

25.04.080 General exception.

25.04.090 Peace officers – Duty to investigate.

25.04.100 Peace officers – Authority.

25.04.110 Peace officers – Powers.

25.04.120 False information.

25.04.130 Violation – Penalty.

25.04.140 Severability.

SOURCE: ADOPTED:

Ord. No. 4, 1959 11/05/59

25.04.010 Definitions.

For the purpose of this chapter the following definitions shall apply:

(1) “Christmas tree” means any evergreen trees commonly known as Christmas trees, including fir, hemlock, spruce, pine and cedar trees, but excepting logs, poles, polings or other forest products from which substantially all the limbs and branches have been removed.

(2) “Minor forest product” means evergreen foliage, cascara bark, huckleberry, salal, sword ferns, rhododendron green, huckleberry brush and seed cones.

(3) “Cedar products” means shakes, shake boards, shingle bolts, fence posts, hop poles, pickets or any other cedar product not normally transported as logs, poles or piling.

(4) “Cutter” or “picker” means any person, firm or corporation or agent thereof who cuts, digs, breaks or removes Christmas trees, minor forest products or cedar products.

25.04.020 Removal from private land unlawful.

It shall be unlawful for any cutter or picker in Clallam County to cut, dig, break, pick or remove from any private lands any Christmas trees, minor forest products or cedar products without the consent, express or implied, of the owner or lessee thereof.

25.04.030 Transporting without authority unlawful.

It shall be unlawful for any person, firm or corporation, or the agent thereof, to transport over the highways of the County any Christmas trees, minor forest products or cedar products which he or his agent or principal has taken without the consent, express or implied, of the landowner or his authorized lessee or agent.

25.04.040 Bill of sale.

It shall be unlawful for any cutter or picker of Christmas trees, or his agent, to transport over the highways of the County more than five (5) Christmas trees without having in his possession a dated bill of sale, certificate of ownership, or bill of lading showing the number of trees, by species, sold or transferred by any such document and showing his title thereto.

25.04.050 Load ticket required – Minor forest products.

It shall be unlawful for any person, firm or corporation or his or their agent or employee to transport minor forest products over the highways of the County in a quantity of more than five (5) evergreen trees and/or five (5) pounds of other minor forest products without having in his or their possession a load ticket signed by the driver on which will be set forth the following information:

(1) The name and address of the owner or lessee of the lands where the minor forest products were cut, broke, picked, dug or removed, or in the alternative, the legal description of the lands from where the minor forest products were taken and removed, or in the further alternative the name and address of the person, firm or corporation from whom the said minor forest products were received;

(2) The destination of the said minor forest products;

(3) The date the said minor forest products were taken and removed from the said land, or delivered to the person transporting the said minor forest products.

25.04.060 Load ticket required – Cedar products.

It shall be unlawful for any person, firm or corporation or his or their agent or employee to transport cedar products over the highways of the County without having in his or their possession a load ticket signed by the driver on which will be set forth the following information:

(1) The name and address of the owner or lessee of the lands where the cedar products were cut or removed, or in the alternative, the legal description of the lands from where the said cedar products were cut and removed, or in the further alternative the name of the person, firm or corporation from whom the said cedar products were received;

(2) The destination of the said cedar products;

(3) The date the said cedar products were cut and removed from the said land, or delivered to the person transporting the said cedar.

25.04.070 Record of purchase.

Any person, firm or corporation purchasing trees, minor forest products or cedar products shall keep a book in which he shall at the time of the purchase of said trees, minor forest products, or cedar products, enter in the English language, written in ink, a full and accurate description of said trees, minor forest products or cedar products so bought, together with the name, signature and residence of the vendor, and also the amount paid and the date and hour of purchase together with a complete legal description of the property from which such trees, minor forest products or cedar products were removed, and said book shall at all reasonable times be open to inspection by any peace officer.

25.04.080 General exception.

The provisions of CCC 25.04.030 and 25.04.100 shall not apply to the transportation of trees in course of transplantation with their roots intact or the transportation of cedar products from a person’s own property for his own personal use.

25.04.090 Peace officers – Duty to investigate.

All peace officers shall note and investigate the transportation of Christmas trees, minor forest products and/or cedar products for the purpose of preventing violations of the provisions of this act.

25.04.100 Peace officers – Authority.

Any peace officer, which term shall include forest wardens and game protectors, shall have the power to stop, inspect and search without a warrant any person or vehicle observed transporting five (5) or more Christmas trees, five (5) or more pounds of minor forest products, and/or cedar products for the purpose of ascertaining whether or not the same are being transported in violation of the provisions of this chapter. Any hindrance or interference with any such officer so engaged shall be prima facie evidence that the person interfering with or hindering such officer is guilty of a violation of this act.

25.04.110 Peace officers – Powers.

Whenever any person, firm, or corporation or agent violates the provisions of CCC 25.04.020, 25.04.030, 25.04.040, 25.04.050, or 25.04.060, a peace officer may either arrest the person without a warrant and take him before any court having jurisdiction of the offense, or he may issue a summons or citation for the accused person to appear at the court named and answer a complaint to be filed therewith; provided, that at the time of making the arrest, the peace officer may seize the trees, minor forest products or cedar products and may also seize and impound the vehicle used in transporting same, subject to the order of the court before which the arrested person is ordered to appear; provided, that if the owner of the trees, minor forest products or cedar products appears before the court and presents satisfactory evidence of ownership, the court shall order the officer to deliver the trees, minor forest products or cedar products to the owner. However, if the owner does not appear and prove his ownership thereof within five (5) days, the court shall direct the officer to sell the trees, minor forest products, and/or cedar products and pay the proceeds thereof to the Treasurer of the County, who shall deposit same in the general fund.

25.04.120 False information.

It shall be unlawful for any person, firm or corporation to receive, take or purchase any trees, minor forest products or cedar products from any person or persons who shall refuse to make known his or her or their name or names, place or places of residence and legal description of property from which said trees, minor forest products or cedar products were cut or removed, or to knowingly make any false entry of any matter or thing required to be made under this chapter.

25.04.130 Violation – Penalty.

Any person, firm or corporation who shall violate any of the provisions of this chapter shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine not to exceed $250, or by imprisonment in the County Jail for a period not to exceed ninety (90) days. For purposes of enforcement of this chapter, justice courts and superior courts shall have concurrent jurisdiction.

25.04.140 Severability.

If any section, provision or part thereof of this chapter shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of this chapter as a whole, or any section, provision or part thereof not adjudged invalid or unconstitutional.