Chapter 8.64 CHAPLAIN TRACT

The purpose of this chapter is to protect the public health, safety, and welfare of those residents within the Everett water service area and provide a safe and environmentally sound public access program for the areas of the Chaplain Tract on which it is allowed. Specifically, this chapter seeks to protect public health and safety by regulating human activity located within the city-owned Chaplain Tract. (Ord. 3315-13 § 2, 2013)

8.64.030 Definitions.

The following words and terms when used in this chapter shall mean as follows, unless a different meaning clearly appears from the context:

A. “Authorized” means any permitted activity as defined in this chapter or otherwise permitted by the director of public works or his or her designee.

B. “Chaplain Reservoir watershed boundary” means generally the area of land that collects and discharges runoff into Chaplain Reservoir.

C. “Chaplain Tract” is the combination of Chaplain Tract North and Chaplain Tract South as described in the areas of regulation below.

D. “Everett water service area” means that area bound generally by Arlington to the north; Granite Falls, Chaplain Reservoir and Sultan to the east; the Snohomish/King County line to the south; and Puget Sound to the west (as specifically delineated in the “Water System Plan Update” [City of Everett 2007]) in which domestic and industrial water is provided by the city of Everett to its customers.

E. “Off-road vehicles (ORVs)” means a non-street registered vehicle when used for recreational purposes on nonhighway roads, trails, or a variety of other natural terrain. “Off-road vehicles” or “ORV” includes, but is not limited to, all-terrain vehicles, motorcycles, four-wheel drive vehicles, dune buggies, and snowmobiles. The term excludes any military, fire, emergency, or law enforcement vehicle when used for emergency purposes.

F. “Right-of-way” means the actual property which is publicly dedicated or reserved for road access and for other public purposes such as public utilities.

G. “Watershed” means, generally, that area of land that collects and discharges runoff into a specific body of water (used synonymously with “drainage basin” or “catchment”). In this case, the Chaplain Reservoir watershed is a smaller component of the larger Sultan River watershed.

H. “Watershed patrol” means any person designated by the public works director to enforce rules and regulations within city-owned Chaplain Tract property. Such persons shall bear identification reflecting the authority under which they act, which identification shall be shown to any person requesting the same. (Ord. 3315-13 § 3, 2013)

8.64.040 Area of regulations.

A. This chapter regulates human activity within incorporated, city-owned property known collectively as the Chaplain Tract, which is divided into two separate and distinct areas known as “Chaplain Tract North” and “Chaplain Tract South” as defined by this section. The regulations of this chapter apply to the entire Chaplain Tract except where specifically designated.

B. “Chaplain Tract North” means that incorporated, city-owned land which is not open for public use. It includes the following locations:

1. The entire area within the Chaplain Reservoir watershed boundary.

2. The entire area located north of the electronic gate at the entrance to the city water filtration plant except pedestrian and bicycle travel along T-1250 to Lost Lake south of the Chaplain Reservoir watershed boundary.

3. The area north of the Diversion Dam on the Sultan River.

C. “Chaplain Tract South” means that incorporated, city-owned property which is open to the public for limited recreational uses including hunting and fishing as licensed by the State Department of Fish and Wildlife and subject to the regulations of this chapter. It includes the following locations:

1. The area located south of the electronic gate at the entrance to the city water filtration plant and outside the Chaplain Reservoir watershed.

2. The area south of the Diversion Dam on the Sultan River.

3. Pedestrian and bicycle travel along T-1250 to Lost Lake south of the Chaplain Reservoir watershed boundary. (Ord. 3315-13 § 4, 2013)

8.64.050 Trespass in Chaplain Tract.

A. Chaplain Tract North—No Public Access. No person shall knowingly enter or remain, unless authorized, on lands described as Chaplain Tract North or in or upon Chaplain Reservoir and its shoreline.

B. Chaplain Tract South—Restricted Public Access. No person shall knowingly enter or remain, unless authorized, on lands described as Chaplain Tract South between six p.m. and six a.m. every day of the week. The gate located at the south end of Lake Chaplain Road (approximately four miles south of the city filtration plant) will be locked between the hours of six p.m. and six a.m.

C. No person shall land an aircraft on Chaplain Tract including Chaplain Reservoir except as a result of emergency or by permission through prior arrangements with the city.

D. Public access areas may be closed at any time for construction, maintenance, security, or other operational necessities, and public access at these times is prohibited and a violation of this section.

E. No person shall knowingly enter or remain, unless authorized, on lands within four hundred feet of the city of Everett Diversion Dam in the Sultan River at river mile 9.5.

F. Violation of any provisions of this section shall constitute trespass in Chaplain Tract, a gross misdemeanor, as defined by Section 10.04.080. (Ord. 3315-13 § 5, 2013)

8.64.060 Motor vehicles.

A. Parked vehicles shall not restrict access on roads or to gates. Vehicles restricting access may be impounded and towed at the owner’s expense.

B. Motor vehicle access to and use of closed city-owned roads and rights-of-way is limited to authorized vehicles on official business only. Unauthorized vehicles may be impounded and towed at owner’s expense.

C. Motorized vehicle usage is restricted to improved roads.

D. Off-road vehicle (ORV) activity is prohibited.

E. Violation of any of the provisions of this section constitutes an infraction and may be punished by a penalty of not more than two hundred fifty dollars. (Ord. 3315-13 § 6, 2013)

8.64.070 Fires.

All fires are prohibited in the Chaplain Tract other than fires for city-authorized management activities. Violation of any of the provisions of this section constitutes an infraction and may be punished by a penalty of not more than two hundred fifty dollars. (Ord. 3315-13 § 7, 2013)

8.64.080 Littering.

No person shall leave, deposit, drop, or scatter any bottles, broken glass, ashes, paper, cans, or other rubbish, litter, or refuse in the Chaplain Tract except in a garbage can or other receptacle designated for such purposes. Violation of any of the provisions of this section constitutes an infraction and may be punished by a penalty of not more than two hundred fifty dollars. (Ord. 3315-13 § 8, 2013)

8.64.090 Illegal dumping.

No person shall deposit household or commercial garbage, trash, refuse, waste, debris, rubbish, or organic matter in any Chaplain Tract garbage receptacle or upon any Chaplain Tract property. Violation of this section shall be a misdemeanor as defined by Section 10.04.080. (Ord. 3315-13 § 9, 2013)

8.64.100 Animal carcasses.

Hunters shall not leave animal carcasses or putrescible material (viscera and skins) on Chaplain Tract property. Violation of any of the provisions of this section constitutes an infraction and may be punished by a penalty of not more than two hundred fifty dollars. (Ord. 3315-13 § 10, 2013)

8.64.110 Abandonment of animals.

No person shall abandon an animal by intentionally, knowingly, recklessly or with criminal negligence leaving a domesticated animal in the Chaplain Tract. Violation of this section shall be a misdemeanor as defined by Section 10.04.080. (Ord. 3315-13 § 11, 2013)

8.64.120 Unlawful discharge of firearms.

Discharge of firearms is prohibited in the Chaplain Tract except when lawfully hunting in Chaplain Tract South. Discharge of firearms within one-half mile of the electronic gate at the south end of the city of Everett water filtration plant or from, across, or along the maintained portion of city-owned roads and rights-of-way is prohibited at all times. Violation of this section shall constitute unlawful discharge of a firearm in Chaplain Tract, a gross misdemeanor, as defined by Section 10.04.080. (Ord. 3315-13 § 12, 2013)

8.64.130 Trails and markings.

The public is prohibited from marking new trails, hanging new ribbon, or removing existing ribbon in the Chaplain Tract. Violation of any of the provisions of this section constitutes an infraction and may be punished by a penalty of not more than two hundred fifty dollars. (Ord. 3315-13 § 13, 2013)

8.64.140 Natural or cultural resources.

The public is prohibited from damaging, destroying, or removing natural or cultural resources from the Chaplain Tract except berry and mushroom picking for personal use. Violation of any of the provisions of this section constitutes an infraction and may be punished by a penalty of not more than five hundred dollars. (Ord. 3315-13 § 14, 2013)

8.64.150 Livestock.

Horseback riding, and all other livestock, is prohibited in the Chaplain Tract except in limited areas along the Chaplain Road and pipeline right-of-way. Violation of any of the provisions of this section constitutes an infraction and may be punished by a penalty of not more than two hundred fifty dollars. (Ord. 3315-13 § 15, 2013)

8.64.160 Minerals and mining.

All mineral prospecting and mining is prohibited on or from the Chaplain Tract. Violation of this section shall be a gross misdemeanor as defined by Section 10.04.080. (Ord. 3315-13 § 16, 2013)

8.64.170 Possession of prospecting and mining equipment.

Every person who shall use or have in his/her possession any equipment such as, but not limited to, a pan, sluice box, rocker box, shovel, metal detector, dredge, bucket, or implement adapted, designed, or commonly used for mining or mineral prospecting, under circumstances evincing an intent to use or employ, or allow the same to be used or employed, for mining or mineral prospecting on or from the Chaplain Tract, or knowing that the same is intended to be so used, shall be guilty of illegal possession of prospecting and mining equipment on Chaplain Tract. Violation of this section shall be a gross misdemeanor as defined by Section 10.04.080. (Ord. 3315-13 § 17, 2013)

8.64.180 Rescinding privileges.

Visiting and use privileges may be rescinded for cause or violation of these regulations. (Ord. 3315-13 § 18, 2013)

8.64.190 Enforcement.

A. It shall be the responsibility of the public works director to enforce all provisions of this chapter (as amended).

B. The public works director and his/her designees shall be empowered to exercise the authority of peace officers on city-owned property within the corporate boundaries of the city to the extent necessary to enforce this chapter, which power shall include issuance of citations.

C. Persons designated as watershed patrol by the public works director to enforce this chapter shall bear identification reflecting the authority under which they act, which identification shall be shown to any person requesting the same. (Ord. 3315-13 § 19, 2013)

8.64.200 Obstructing watershed patrol prohibited.

A person commits the offense of obstructing the watershed patrol if:

A. He/she intentionally uses or threatens to use force to obstruct a person he/she knows or should reasonably know is a watershed patrol officer and while such watershed patrol officer is performing his/her official duties on city property, within the corporate boundary of the city.

B. He/she intentionally does any act that he/she knows or should reasonably know will interfere with or obstruct a person known to be or who should reasonably be known to be a watershed patrol officer and while such watershed patrol officer is performing his/her official duties within the corporate boundary of the city.

C. Obstructing watershed patrol is a gross misdemeanor as defined by Section 10.04.080. (Ord. 3315-13 § 20, 2013)

8.64.210 Making a false or misleading statement to watershed patrol.

No person shall knowingly make a false or misleading material statement to a watershed patrol officer. “Material statement” means a written or oral statement reasonably likely to be relied upon by a watershed patrol officer in the discharge of his or her official powers or duties. Making a false or misleading statement to a watershed patrol is a gross misdemeanor as defined by Section 10.04.080. (Ord. 3315-13 § 21, 2013)

8.64.220 Violations.

Unless otherwise specified, any violation of this chapter or failure to comply with its mandatory requirements shall be an infraction and may be punished by a penalty of not more than two hundred fifty dollars. Each violation shall be treated as a separate violation. (Ord. 3315-13 § 22, 2013)

8.64.230 Other civil remedies.

Notwithstanding the enforcement procedures contained in this chapter, the city reserves the right to exercise any other available civil remedies otherwise provided by law including filing for injunctive or other civil relief. (Ord. 3315-13 § 23, 2013)

8.64.240 Hazards and cautions.

Users seeking access to the Sultan River are advised to proceed with caution. Potentially hazardous natural conditions occur throughout the property, particularly in the vicinity of the Sultan River. Therefore, users proceed at their own risk. Also, river users are advised that the Sultan River may experience sudden increases in flow velocity and depth without warning due to operation of the Jackson Hydroelectric Power Project. For information about Jackson Project operating schedules that could affect river flows, contact the Snohomish County public utility district or refer to www.snopud.com. (Ord. 3315-13 § 24, 2013)

8.64.250 Adjacent unincorporated lands.

The public works director shall also have the authority to develop rules for public access to city-owned, unincorporated property adjacent to Chaplain Tract. Any rules shall be made available to the public upon request at the department of public works. (Ord. 3315-13 § 25, 2013)