Chapter 19.03
OCEAN DUNES PROTECTION ACT
Sections:
19.03.010 Ocean Dunes Protection Act.
19.03.020 Findings and purpose.
19.03.030 Dunes protection area.
19.03.040 North Beach recreation management plan.
19.03.050 Limits on vehicular access.
19.03.060 Limits on commercial activity.
19.03.070 Overnight camping prohibited.
19.03.080 Removal or destruction of property prohibited.
19.03.090 No permanent structures or installations.
19.03.100 No lease, sale or other alienation.
19.03.110 No additional roads.
19.03.130 Recreational activities allowed.
19.03.150 Chapter is supplemental.
19.03.010 Ocean Dunes Protection Act.
This chapter shall be known as the Ocean Dunes Protection Act. (Ord. 1040 § 1 (part), 2019)
19.03.020 Findings and purpose.
The city of Ocean Shores recognizes that the dunes areas located on city property within Ocean Shores are among the most important natural resources in the city. The city further finds that increasing numbers of people are enjoying numerous recreational opportunities along the beaches of Ocean Shores and that these recreational activities are important to the quality of life in the city of Ocean Shores. The city finds that dunes areas located on city property should be protected and preserved, while allowing for recreational activities. The provisions of the Ocean Dunes Protection Act are designed to allow citizens and tourists to enjoy the natural splendor of the city’s unsurpassed dunes areas, while protecting those areas for future generations. (Ord. 1040 § 1 (part), 2019)
19.03.030 Dunes protection area.
The regulations enacted under this chapter apply in the following area of the city, which shall be known as the dunes protection area:
That portion of Division Nos. 1, 2, 4, 8, 10, 11, 16, 17, 18, 19, and 19A, Ocean Shores Addition to Grays Harbor County, Washington, lying west of the western property line to the mean high tide mark of the Pacific Ocean. (Ord. 1040 § 1 (part), 2019)
19.03.040 North Beach recreation management plan.
The North Beach recreation management plan for the ocean beaches, dated August 1989, and on file in the office of the city clerk, is incorporated herein by this reference, and the regulations contained therein shall apply to the dunes protection area. (Ord. 1040 § 1 (part), 2019)
19.03.050 Limits on vehicular access.
A. Motorized vehicles of all types are prohibited at all times within the dunes protection area, except for public vehicles operated in the performance of official duties, utility vehicles when engaged in servicing utility facilities, and vehicles responding to an emergency.
B. On the paved dunes pathway, the only wheeled vehicles permitted are wheelchairs and strollers. All other wheeled vehicles or items, including but not limited to bicycles, fun cycles, low riders, banana peel bikes, skateboards, toy cars and roller skates are prohibited on the dunes pathway.
(Ord. 1040 § 1 (part), 2019)
19.03.060 Limits on commercial activity.
Commercial activity of all types is prohibited in the dunes protection area, including but not limited to any sale of goods or services, any advertising by erecting or posting signs or notices or otherwise, and any activity a primary purpose of which is financial gain. This section shall not apply to commercial activity in connection with city-authorized festivals or to the rental of horses for riding on beaches west of the mean high tide mark of the Pacific Ocean. (Ord. 1040 § 1 (part), 2019)
19.03.070 Overnight camping prohibited.
Camping in the dunes protection area is prohibited at all times. For purposes of this chapter, “camping” means to remain overnight, whether or not a person erects a tent or other shelter or uses sleeping equipment, such as a sleeping bag. (Ord. 1040 § 1 (part), 2019)
19.03.080 Removal or destruction of property prohibited.
In the dunes protection area, it is unlawful for any person except a duly authorized public official in the performance of his or her official duties to (1) remove, destroy, mutilate, or deface any geological formations or any structure or other property; (2) remove sand, soil, plants, or driftwood; or (3) injure or destroy any animals. Notwithstanding the provisions of this section, public officials or their designees may remove sand to the extent required for road maintenance or erosion control. (Ord. 1040 § 1 (part), 2019)
19.03.090 No permanent structures or installations.
It is unlawful to erect any permanent structures or installations within the dunes protection area except for water lines necessary to combat dunes fires and other facilities that the city public works director determines are necessary to carry out the regulations set forth under this chapter. (Ord. 1040 § 1 (part), 2019)
19.03.100 No lease, sale or other alienation.
To the full extent permitted by law, the city shall not lease, sell, or otherwise alienate or dispose of all or any portion of the dunes protection area. (Ord. 1040 § 1 (part), 2019)
19.03.110 No additional roads.
To the full extent permitted by law, the city shall not construct additional roads within the dunes protection area except in the case of emergency access rights-of-way. Notwithstanding the foregoing, the city may maintain existing access roads. (Ord. 1040 § 1 (part), 2019)
19.03.120 Variances.
The city council may grant variances to the provisions of the Ocean Dunes Protection Act to the extent that such variances are consistent with protecting the natural environment and the welfare of the city. The provisions of the Ocean Dunes Protection Act shall not apply to the activities of public officials in carrying out their official duties. (Ord. 1040 § 1 (part), 2019)
19.03.130 Recreational activities allowed.
Recreational activities are allowed in the dunes protection area to the extent they are not inconsistent with the regulations set forth in this chapter. (Ord. 1040 § 1 (part), 2019)
19.03.140 Penalties.
Violation of this chapter shall be a Class B offense under Section 7.01.050. (Ord. 1040 § 1 (part), 2019)
19.03.150 Chapter is supplemental.
This chapter creates supplemental protections and regulations for the dunes protection area, and to the extent other regulations governing that area apply, including but not limited to regulations contained in the North Beach recreation management plan, the most restrictive regulation shall apply. (Ord. 1040 § 1 (part), 2019)