Chapter 9.40
SNOWMOBILE USE ON COUNTY ROADS*
Sections:
9.40.015 County roads open and closed to snowmobile use.
9.40.020 Closing county roads to snowmobile use.
9.40.030 Operating violations.
9.40.040 Additional violations—Penalty.
9.40.050 Crossing public roadways and highways.
9.40.060 Restrictions on age of operators—Qualifications.
9.40.070 Penalty for violations.
9.40.080 Repealer and savings clause.
* Prior resolution history: 75-16, 84-88, 86-3, 86-75, 87-111, 88-100, 88-107, 89-141, 90-116, 91-104, 93-1, 93-162, 94-7, 95-19, 95-144, 96-151, 96-161, 96-164, 97-141, 98-143, 99-150, 99-160 and 2000-17.
9.40.010 Purpose.
The purpose of this chapter is to provide notice that certain county roads, as may be specified each year by separate resolution, shall be open to wintertime snowmobile traffic upon county roads otherwise closed to motor vehicle traffic for the winter, or concurrently with motor vehicle traffic on specified county roads; and that the department of public works shall maintain a current list of county roads upon which snowmobiling is permitted and shall post such county roads as to use by snowmobiles. (Res. 2012-120 (Exh. A (part)), 12/24/12).
9.40.015 County roads open and closed to snowmobile use.
(1) The following Chelan County roads shall be open to snowmobile traffic from November 15th through March 15th:
|
Name |
Road No. |
M.P. to M.P. |
|---|---|---|
|
Alder Court |
10150 |
0.00 – 0.09 |
|
Alder Lane |
36420 |
0.00 – 0.06 |
|
Aspen Court |
37460 |
0.00 – 0.05 |
|
Brae Burn Road |
39140 |
0.00 – 0.84 |
|
Camp 12 Road |
34990 |
0.00 – 2.11 |
|
Cedar Crest |
37190 |
0.00 – 0.07 |
|
Chiwawa Court |
36690 |
0.00 – 0.17 |
|
Chiwawa Loop Road |
93300 |
4.56 – 3.45 |
|
Chiwawa River Road |
37790 |
0.47 – 0.98 |
|
Chiwawa River Road (Old) |
40190 |
0.00 – 1.59 |
|
Cottonwood Lane |
36470 |
0.00 – 0.66 |
|
Coulter Creek Road |
38360 |
0.00 – 0.46 |
|
Duncan Road |
33340 |
0.00 – 0.13 |
|
Duncan Road |
33350 |
0.08 – 0.19 |
|
Entiat River Road |
94470 |
9.53 – 10.34 |
|
Entiat River Road |
94470 |
25.0 (sno park) |
|
Fircrest Place |
10148 |
0.00 – 0.08 |
|
Forest Ridge Drive |
10140 |
0.00 – 0.74 |
|
Humphreys Drive |
37795 |
0.00 – 0.60 |
|
Idlewild Road |
37740 |
0.00 – 0.09 |
|
Kinnikinick Drive |
36930 |
0.00 – 0.85 |
|
Larch Drive |
36550 |
0.00 – 0.31 |
|
Mad River Road |
48120 |
0.00 – 2.17 |
|
Mountain Home Road |
30650 |
0.16 – 5.47 |
|
Pinehurst Place |
10146 |
0.00 – 0.13 |
|
Pine Tree Road |
37150 |
0.00 – 0.50 |
|
Pine Tree Road |
36810 |
0.00 – 0.26 |
|
Old Blewett Pass Highway |
30100 |
0.00 – 6.08 |
|
Osburn Canyon Road |
48070 |
0.00 – 0.35 |
|
Riffle Drive |
37360 |
0.00 – 0.34 |
|
Riffle Drive |
37110 |
0.00 – 0.07 |
|
River Road (Plain) |
35110 |
0.00 – 4.76 |
|
Salal Drive |
37630 |
0.00 – 1.05 |
|
Sumac Lane |
37030 |
0.00 – 0.87 |
|
Summit Place |
10144 |
0.00 – 0.14 |
|
Tamarack Crest |
37530 |
0.00 – 0.25 |
|
Tamarack Place |
10142 |
0.00 – 0.10 |
|
Wenatchee Pines |
37080 |
0.00 – 0.27 |
(2) For the protection of wildlife, the following Chelan County road(s) shall be permanently closed to snowmobile traffic:
|
Name |
Road No. |
M.P. to M.P. |
|---|---|---|
|
Oklahoma Gulch Road |
48450 |
0.00 – 5.76 |
(Res. 2014-32 (Exh. A (part)), 3/25/14).
9.40.020 Closing county roads to snowmobile use.
(1) The board of county commissioners may at any time close any county road previously open to snowmobile traffic when the board determines that closure is necessary for public safety or convenience, the safety of snowmobile operators, the protection of wildlife, or the best interest or convenience of the county.
(2) The county engineer is authorized to close or restrict snowmobile traffic upon any county road at any time for emergencies; provided, that such restriction or closure is reported immediately to the board of county commissioners.
(3) The county engineer is authorized and directed to erect appropriate signs providing notice of closure or restriction of roads for snowmobile use; except, the Washington State Department of Fish and Wildlife is authorized to erect appropriate signs providing notice of road closure or restriction under this chapter for the protection of wildlife. The county engineer is further authorized and directed to post notice on the county website of closure or restriction of roads to snowmobile use. (Res. 2014-32 (Exh. A (part)), 3/25/14: Res. 2012-120 (Exh. A (part)), 12/24/12).
9.40.030 Operating violations.
(1) It is a traffic infraction for any person to operate any snowmobile:
(A) At a rate of speed greater than twenty-five miles per hour, or a rate of speed less than twenty-five miles per hour but greater than reasonable and prudent under the existing conditions.
(B) In a manner so as to endanger the property of another.
(C) Without a lighted headlight and taillight between the hours of dusk and dawn, or when otherwise required for the safety of others.
(D) Without an adequate braking device which may be operated either by hand or foot.
(E) Without an adequate and operating muffling device which shall effectively blend the exhaust and motor noise in such a manner so as to preclude excessive or unusual noise, and:
(i) On snowmobiles manufactured on or before January 4, 1973, which shall effectively limit such noise at a level of eighty-six decibels, or below, on the “A” scale at fifty feet; and
(ii) On snowmobiles manufactured after January 4, 1973, which shall effectively limit such noise at a level of eighty-two decibels, or below, on the “A” scale at fifty feet; and
(iii) On snowmobiles manufactured after January 1, 1975, which shall effectively limit such noise at a level of seventy-eight decibels, or below, as measured on the “A” scale at a distance of fifty feet, under testing procedures as established by the Department of Ecology; except snowmobiles used in organized racing events in an area designated for that purpose may use a bypass or cutout device. This section shall not affect the power of the Department of Ecology to adopt noise performance standards for snowmobiles. Noise performance standards adopted or to be adopted by the Department of Ecology shall be in addition to the standards contained in this section, but the Department’s standards shall supersede this section to the extent of any inconsistency.
(F) Upon the paved portion or upon the shoulder or inside bank or slope of any public roadway or highway, or upon the median of any divided highway, except as provided in Section 9.40.050 or 9.40.010.
(G) In any area or in such a manner so as to expose the underlying soil or vegetation, or to injure, damage, or destroy trees or growing crops.
(H) Without a current registration decal affixed thereon, if not exempted under RCW 46.10.410.
(2) It is a misdemeanor for any person to operate any snowmobile so as to endanger the person of another or while under the influence of intoxicating liquor or narcotics or habit-forming drugs. (Res. 2012-120 (Exh. A (part)), 12/24/12).
9.40.040 Additional violations—Penalty.
(1) No person shall operate a snowmobile in such a way as to endanger human life.
(2) No person shall operate a snowmobile in such a way as to run down or harass deer, elk or any wildlife, or any domestic animal, nor shall any person carry any loaded weapon upon, nor hunt from, any snowmobile except by permit issued by the director of fish and wildlife.
(3) Any person violating this section shall be guilty of a misdemeanor. (Res. 2012-120 (Exh. A (part)), 12/24/12).
9.40.050 Crossing public roadways and highways.
It shall be lawful to drive or operate a snowmobile across public roadways and highways other than limited access highways when:
(1) The crossing is made at an angle of approximately ninety degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing; and
(2) The snowmobile is brought to a complete stop before entering the public roadway or highway; and
(3) The operator of the snowmobile yields the right-of-way to motor vehicles using the public roadway or highway; and
(4) The crossing is made at a place which is greater than one hundred feet from any public roadway or highway intersection. (Res. 2012-120 (Exh. A (part)), 12/24/12).
9.40.060 Restrictions on age of operators—Qualifications.
No person under twelve years of age shall operate a snowmobile on or across a public roadway or highway in this state, and no person between the ages of twelve and sixteen years of age shall operate a snowmobile on or across a public road or highway in this state unless he has taken a snowmobile safety education course and been certified as qualified to operate a snowmobile by an instructor designated by the Washington State Parks and Recreation Commission as qualified to conduct such a course and issue such a certificate, and he has on his person at the time he is operating a snowmobile evidence of such certification; provided, that persons under sixteen years of age who have not been certified as qualified snowmobile operators may operate a snowmobile under the direct supervision of a qualified snowmobile operator. (Res. 2012-120 (Exh. A (part)), 12/24/12).
9.40.070 Penalty for violations.
(1) Except as provided in Sections 9.40.030(2) and 9.40.040, any violation of the provisions of this chapter is a traffic infraction; provided, that the penalty for failing to display a valid registration decal under Section 9.40.030(1)(H) and RCW 46.10.490, as now enacted or hereafter amended, shall be a fine of forty dollars and such fine shall be remitted to the county general fund for expenditure solely for snowmobile law enforcement.
(2) Any person convicted of a misdemeanor under this chapter shall be punished by a fine not to exceed one thousand dollars, or by imprisonment in jail for a period not to exceed ninety days, or by both such fine and imprisonment.
(3) In addition to the penalties provided in Section 9.40.030 and subsection (1) of this section, the operator and/or the owner of any snowmobile used with the permission of the owner shall be liable for three times the amount of any damage to trees, shrubs, growing crops, or other property injured as the result of travel by such snowmobile over the property involved. (Res. 2012-120 (Exh. A (part)), 12/24/12).
9.40.080 Repealer and savings clause.
(1) Resolution 2011-100, enacted November 22, 2011, is repealed as of the effective date of this chapter.
(2) Resolution 2012-113, enacted November 27, 2012, is repealed as of the effective date of this chapter; except, Exhibit A and the related provisions of Resolution 2012-113 authorizing specified Chelan County roads open to snowmobile use during 2012-2013, as set forth in Exhibit A, shall remain in full force and effect until March 10, 2013. (Res. 2012-120 (Exh. A (part)), 12/24/12).
9.40.090 Effective date.
This chapter shall become effective on January 1, 2013. (Res. 2012-120 (Exh. A (part)), 12/24/12).
9.40.100 Severability.
If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances, is not affected. (Res. 2012-120 (Exh. A (part)), 12/24/12).