Chapter 10.28
USE OF MOTORIZED VEHICLES ON CERTAIN TRAILS PROHIBITED

Sections:

10.28.010    Use prohibited.

10.28.020    Signs posted.

10.28.030    Exceptions.

10.28.040    Violation – Penalty.

10.28.010 Use prohibited.

The use and operation of motorized vehicles on property owned or administered by the Whatcom County park department and set forth as follows is prohibited:

A. Pine and Cedar Lakes Trail. The trail, trail head and adjacent properties known as the Pine and Cedar Lakes Trail, described as follows: Trail starts approximately two and one-half miles west of the North Samish from I-5 on North Samish Road. The property in question more exactly being within the following sections of Township 37 North, Range 3 East, W.M.:

1. Section 17: The SE 1/2, SE 1/4, SW 1/4; and the SW1/2, SW 1/4, SW 1/4; and

2. Section 20; and

3. Section 21: The SW 1/4, SW 1/4; containing 140.0 acres.

B. East Side of Lake Whatcom. The property situated on the east side of Lake Whatcom, more or less starting at the north end of the North Shore Road previously owned by the Burlington Northern, Inc., and more exactly described as follows: Starting in SE 1/4 NW 1/4, of Section 4, Township 37 North, Range 4 East, W.M., continuing along the east shore of Lake Whatcom and including the following sections of Township 37 North, Range 4 East, W.M.:

1. Section 4: The NE 1/4, SW 1/4; and, the NW 1/4, SE 1/4, and, the SW 1/4, SE 1/4; and

2. Section 9: The NW 1/2, NE 1/4; and, the SW 1/2, SE 1/4; and

3. Section 15: The SW 1/4, SW 1/4, SW 1/4; and

4. Section 16: The NW 1/2, NE 1/4; and, the SE 1/4; and

5. Section 22: The NW 1/4, NW 1/4; and the NE 1/4, NW 1/4, and the SE 1/4, NW 1/4.

C. Old Interurban Right-of-way from Bellingham to Larabee State Park. The trail located upon what is known as the old interurban right-of-way from the city of Bellingham to Larabee State Park, described as follows:

1. A strip of land 100 feet in width, being all portions of Lots 2 and 3 of Section 30, Township 37 North, Range 3 East; E 1/2 of SE 1/4 and SW 1/4 of SE 1/4 of Section 25, Township 37 North, Range 2 East; E 1/2 of the NE 1/4 and Lots 3 and 4, Section 36, Township 37 North, Range 2 East, less that portion of Lot 4 deeded to state for highway purposes by deed dated March 26, 1932, and Lot 4 of Section 31, Township 37 North, Range 3 East, as lies within a distance of 50 feet, measured at right angles on each side of the centerline of the former Pacific Northwest Traction Company right-of-way as the same is surveyed across the above described lands and lands adjacent thereto, such centerline being more particularly described as follows:

Beginning at a point on the south line of Section 19, Township 37 North, Range 3 East, a distance of 218 feet east of the southwest corner of said Section 19; thence on a course south 19°25'50" east 140.18 feet; thence on a Searles Spiral to the right having chords 33 feet long and a central angle of 1° 99 feet; thence or a curve to the right having a radius of 2864.93 feet and a central angle of 9°32' 476.67 feet; thence on a Searles Spiral to the right, having chords 33 feet long and a central angle of 1° 99 feet; thence on a course south 7°53'50" east 109.46 feet; thence on a Searles Spiral to the left, having chords 33 feet long and a central angle of 4°40' 231 feet; thence on a curve to the left having a radius of 1432.69 feet and a central angle of 12°43'50" 318.26 feet; thence on a Searles Spiral to the left having chords 33 feet long and a central angle of 4°40' 231 feet; thence on a course south 29°57'40" east 96.76 feet; thence on a Searles Spiral to the right having chords 33 feet long and a central angle of 11° 363 feet; thence on a curve to the right, having a radius of 955.37 feet and a central angle of 92°42' 1545 feet; thence on a Searles Spiral to the right, having chords 33 feet long and a central angle of 11° 363 feet; thence on a course south 84°44'20" west 26.50 feet; thence on a Searles Spiral to the left having chords 33 feet long and a central angle of 11° 363 feet; thence on a curve to the left, having a radius of 955.37 feet and a central angle of 42° 700 feet; thence on a Searles Spiral to the left, having chords 33 feet long and a central angle of 11° 363 feet; thence on a course south 20°44'20" west 129.73 feet; thence on a Searles Spiral to the left, having chords 33 feet long and a central angle of 11° 363 feet; thence on a curve to the left having a radius of 955.37 feet and a central angle of 19°27'50" 324.40 feet; thence on a Searles Spiral to the left, having chords 33 feet long and a central angle of 11° 363 feet, to a point in the south line of Section 25, Township 37 North, Range 2 East, a distance of 1202 feet west of the southeast corner of said Section 25; thence on a course south 20°43'30" east 835.32 feet; thence on a Searles Spiral to the right, having chords 33 feet long and a central angle of 2°30' 165 feet; thence on a curve to the right, having a radius of 1910.08 feet and a central angle of 13°14' 441.11 feet; thence on a Searles Spiral to the right, having chords 33 feet long and a central angle of 2°30' 165 feet; thence on a course south 2°29'30" east 780.06 feet; thence on a Searles Spiral to the right, having chords 33 feet long and a central angle of 2°30' 165 feet; thence on a curve to the right, having a radius of 1910.08 feet and a central angel of 10°20'20" 344.63 feet; thence on a Searles Spiral to the right, having chords 33 feet long and a central angle of 2°30' 165 feet; thence on a course south 12°50'30" west 97.82 feet; thence on a Searles Spiral to the left, having chords 33 feet long and a central angle of 11° 363 feet; thence on a curve to the left, having a radius of 955.37 feet and a central angle of 38°24'30" 640.14 feet; thence on a Searles Spiral to the left, having chords 33 feet long and a central angle of 11° 363 feet; thence on a course south 47°34' east 82.58 feet; thence on a Searles Spiral to the right, having chords 33 feet long and a central angle of 4°40' 231 feet; thence on a curve to the right, having a radius of 1432.69 feet and a central angle of 16° 19' 407.92 feet; thence on a Searles Spiral to the right, having chords 33 feet long and a central angle of 4°40' 231 feet; thence on a course south 21°55' east 37.35 feet; thence on a Searles Spiral to the left, having chords 33 feet long and a central angle of 4°40' 145 feet to a point on the south line of Section 31, Township 37 North, Range 3 East, a distance of 213 feet east of the southwest corner of said Section 31, measured along the south line of said Section 31.

2. A strip of land 100 feet in width, being all portions of Blocks 1, 2, 9, 10, 11, 12, 16, 23 and 24 of Miller’s Subdivision on Chuckanut Bay, Whatcom County, Washington, and Block 1 of Prospect Addition to Fairhaven (the latter being a replatting of Block 13 and 14 of said Miller’s Subdivision on Chuckanut Bay) all situated in the NW 1/4 of the NW 1/4 of Section 30, Township 37 North, Range 3 East, as lies within a distance of 50 feet on each side of the centerline of the former Pacific Northwest Traction Company right-of-way located across above described lands.

3. A strip of land 100 feet in width, being all portions of Lot 4, Section 24, Township 37 North, Range 2 East; Lot 4, Section 19, Township 37 North, Range 3 East as lies within a distance of 50 feet measured at right angles on each side of the centerline of the former Pacific Northwest Traction Company right-of-way across above described lands, said centerline being more particularly described as follows:

Commencing at a point on the north line of Lot 4, Section 24, Township 37 North, Range 2 East, a distance of 203 feet west of the northeast corner of said Lot 4, measured along the north line of said Lot 4; thence on a course south 16°5'50" east 576.8 feet; thence on a course south 16°5'50" east 576.8 feet; thence on a curve to the left, having a radius of 5729.65 feet and central angle of 3°20'0" a distance of 333.33 feet; thence on a course south 19°25'50" east 474.87 feet to a point on the south line of Section 19, Township 37 North, Range 3 East, a distance of 218 feet east of the southwest corner of said Section 19.

4. A strip of land 100 feet in width, being all that portion of the south 410 feet of Lot 3, Section 24, Township 37 North, Range 2 East, as lies within a distance of 50 feet measured at right angles on each side of the centerline of the former Pacific Northwest Traction Company right-of-way across above described lands, said centerline being more particularly described as follows:

Beginning at a point on the south line of said Lot 3, a distance of 203 feet west of the southeast corner of said Lot 3; thence on a course north 16°5'50" west 428 feet, more or less, to the north line of said south 410 feet of Lot 3.

5. A strip of land 100 feet in width being portions of Lots 1, 2 and 3 of Section 24, Township 37 North, Range 2 East, except the southerly 410 feet of said Lot 3.

6. Also the SE 1/4 of the SE 1/4 of Section 13, Township 37 North, Range 2 East, which lies within a distance of 50 feet on each side, measured at right angles thereto, of the centerline of the former Pacific Northwest Traction Company right-of-way as now located across the lands described, said centerline being more particularly described as follows:

Beginning at a point on the south line of Government Lot 3 Section 24, Township 37 North, Range 2 East, a distance of 203 feet west of the southeast corner of said Lot 3; thence on a course north 16°5'50" west 755 feet; thence on a 1° curve to the right a distance of 409.69 feet; thence north 12°0'0l" west 452.61 feet; thence on a 1° curve to the right a distance of 144 feet; thence north 10°33'37" west 31.33 feet; thence on a 1° curve to the left, a distance of 279 feet; thence north 13°21'01" west 105.93 feet; thence on a 0°30' curve to the right, a distance of 928.89 feet; thence north 7°21'20" west 700.12 feet; thence on a spiral curve to the left with a central angle of 1° 99 feet; thence on a 2° curve to the left for a distance of 722.50 feet; thence on a spiral curve to the left with a central angle of 1° 99 feet; thence to its intersection with the west line of the SE 1/4 of the SE 1/4 of Section 13, Township 37 North, Range 2 East, said intersection being at a point on said west boundary 365 feet, more or less, south of the northwest corner of said tract.

7. All that portion of Lot 6, Section 13, Township 37 North, Range 2 East, which lies east of Chuckanut Drive (State Route 11), and west of a line drawn 50 feet east of the centerline of the former Pacific Northwest Traction Company right-of-way, measured at right angles thereto, as now located across the land described and lands adjacent thereto.

8. All that portion of Lot 5, Section 13, Township 37 North, Range 2 East, lying east of Chuckanut Drive (State Route 11) through, over and across the above described land; and within a distance of 50 feet, measured at right angles, on each side of the centerline of the former Pacific Northwest Traction Company right-of-way as now located across the lands described.

9. A strip of land 100 feet in width, being all that portion of Lot 4 and the SE 1/4 of the NE 1/4 of Section 13, Township 37 North, Range 2 East, which lies within a distance of 50 feet on each side, measured at right angles thereto, of the centerline of the former Pacific Northwest Traction Company right-of-way as now located across the land described, said centerline being more particularly described as follows:

Beginning at a point on the north line of Section 18, Township 37 North, Range 3 East, a distance of 37.74 feet east of the northwest corner of said Section 18; thence on a course south 3°23'30" west 243 feet; thence on a Searles Spiral to the right, having chords 33 feet long and a central angle of 11°0' 363 feet; thence on a curve to the right, having a radius of 955.37 feet, 684.49 feet; thence on a Searles Spiral to the right, having chords 33 feet long and a central angle of 11°0' 363 feet; thence on a course south 66°27'40" west 592.52 feet; thence on a Searles Spiral to the left, having chords 33 feet long and a central angel of 11°0' 363 feet; thence on a curve to the left, having a radius of 955.37 feet, 1010.43 feet, more or less, to the south line of Lot 4, Section 13, Township 37 North, Range 2 East.

10. All portions of the N 1/2 of Block 45, according to the amended map of South Fairhaven, in the city of Fairhaven (now Bellingham) lying south and east of Chuckanut Drive (State Route 11) across said Block 45, and all of Lots 11 to 20 inclusive in said Block 45, containing one and a half acres, more or less.

11. All that portion of Lot 1, Section 18, Township 37 North, Range 3 East and that portion of the NE 1/4 of the NE 1/4 of Section 13, Township 37 North, Range 2 East lying northerly of the county road (Old Samish Road) and which lies within a distance of 50 feet on each side, measured at right angles thereto, of the centerline of the former Pacific Northwest Traction Company right-of-way as now located across the land described, said centerline being more particularly described as follows:

Beginning at a point where said centerline intersects the north boundary of Section 18, Township 37 North, Range 3 East, which point is 37.74 feet east of the northwest corner thereof; thence south 03°23'30" west to north line of said county road.

12. All of Lots 1 to 10 inclusive, Block 7 of Adsit’s and Zednick’s Addition to Fairhaven (now Bellingham) lying east of the former Pacific Northwest Traction Company right-of-way in Section 18, Township 37 North, Range 3 East.

13. A triangular tract of land described as follows: Beginning on the north line of the NW 1/4 of the NW 1/4 of Section 18, Township 37 North, Range 3 East, where same is intersected by the west line of Block 6 in Adsit’s and Zednick’s Addition to Fairhaven, according to the recorded plat thereof, if said west line were extended north; thence south along said west line of Block 6 to a point 50 feet south of the centerline of the former Great Northern Railway right-of-way as now located; thence northwesterly in a curved line parallel with and 50 feet southwesterly from said centerline of said railway to the north line of said Section 18; thence east on said north line to the place of beginning.

14. All that portion of the S 1/2 of the SW 1/4 of the SW 1/4 of Section 7, Township 37 North, Range 3 East, which lies south and west of the right-of-way described in that certain deed from Great Northern Railway Company in Whatcom County Railway & Light Company, dated February 2, 1910 and recorded in Volume 113 at page 1 records of Whatcom County, Washington, containing 1.08 acres, more or less.

15. A strip of land 100 feet in width being 50 feet on each side of the centerline of the former railway of Great Northern Railway Company, formerly known as the Fairhaven & Southern Railroad, as the same was heretofore and prior to 1903 located and established, and extending across from the south line to the north line of the W 1/2 of the SW 1/4 of Section 7, Township 37 North, Range 3 East, W.M.

16. A strip of land 200 feet wide, being 100 feet on each side of the centerline of the former Great Northern Railway Company, as heretofore located and extending across from the south line to the west line of Lot 2 in the SW 1/4 of the NW 1/4 of Section 7, Township 37 North, Range 3 East, W.M.

17. All that part of the SE 1/4 of the NE 1/4 of Section 12, Township 37 North, Range 2 East, which lies northeasterly of a line drawn parallel with and distant 50 feet southwesterly from the centerline of the former Pacific Northwest Traction Company right-of-way as now located. (Ord. 93-047 (part); Ord. dated 7/24/78 (part); prior code § 5.36.010).

10.28.020 Signs posted.

The trails and property described in Section 10.28.010 shall be posted at each end of said trails and property. (Ord. dated 7/24/78 (part); prior code § 5.36.020).

10.28.030 Exceptions.

Exceptions to this chapter shall be as follows:

A. Motorized vehicles shall be allowed on the East Lake Whatcom Trail, as described in Section 10.28.010(B), only under the following conditions:

1. For the purpose of maintenance and/or law enforcement by the Whatcom County park and recreation board, Whatcom County sheriff’s department, Bellingham city parks, Bellingham police department and Washington State Park and Recreation Commission;

2. When a written request is presented to the Whatcom County park board and accepted by the Whatcom County park board for the use of said trail for the purpose of organized motor vehicle use; or

3. When the Whatcom County park department cosponsors special events on said trail;

4. Private property owners and their guests shall be allowed to utilize the Interurban for ingress and egress to their property if they obtain permission from the appropriate land owner(s).

B. Motorized vehicles, utilized for the purpose of maintenance and repair of power lines located adjacent and upon the old interurban right-of-way, shall be exempt from prohibition established in Section 10.28.010(C). (Ord. dated 7/27/78 (part); prior code § 5.36.030).

10.28.040 Violation – Penalty.

Violation of this chapter shall constitute a misdemeanor and be punishable by fine not to exceed $250.00 and imprisonment not to exceed 60 days. (Ord. dated 7/24/78 (part); prior code § 5.36.040).