Chapter 5.12
CHRISTMAS TREES
Sections:
5.12.020 Consent of owner required.
5.12.030 Transport – Consent required – Exception.
5.12.040 Transport – Document of title required.
5.12.050 Transport – Load ticket required – Contents.
5.12.060 Duty of peace officers to investigate.
5.12.070 Arrest – Summons or citation – Procedure.
5.12.080 Violation – Penalties.
5.12.010 Definitions.
For the purpose of this chapter, the following definitions shall apply:
A. “Christmas trees” means any evergreen trees commonly known as Christmas trees, including fir, hemlock, spruce, pine, and cedar trees, but excepting logs, poles, pilings or other forest products from which substantially all the limbs and branches have been removed.
B. “Cutter” or “picker” means any person, firm or corporation or agent thereof who cuts, digs, breaks or removes Christmas trees or minor forest products from private lands. (Prior code § 4.24.010).
5.12.020 Consent of owner required.
It is unlawful for any cutter or picker in Whatcom County to cut, dig, break, pick or remove from any private lands any Christmas trees without the consent, express or implied, of the owner or lessee thereof. (Prior code § 4.24.020).
5.12.030 Transport – Consent required – Exception.
A. It is unlawful for any person, firm or corporation, or the agent thereof, to transport over the highways of this county any Christmas trees which he or his agent or principal has taken from private lands without the consent, express or implied, of the landowner or his authorized lessee or agent.
B. The provisions of subsection A of this section shall not apply to the transportation of trees in course of transplantation with their roots intact. (Prior code § § 4.24.030, 4.24.070).
5.12.040 Transport – Document of title required.
It is unlawful for any cutter or picker of Christmas trees, or his agent, to transport over the highways of this county more than five Christmas trees without having in his possession a dated bill of sale, complying with RCW 76.48.080, or bill of lading showing the number of trees, by species, sold or transferred by any such document and showing his title thereto. (Prior code § 4.24.040).
5.12.050 Transport – Load ticket required – Contents.
It is unlawful for any person, firm or corporation, or his or their agent or employee, to transport Christmas trees over the highways or this county in a quantity of more than five evergreen trees without having in his or their possession a load ticket signed by the driver on which will set forth the following information:
A. The name and address of the owner or lessee of the lands where the Christmas trees were cut, broke, dug or removed, or in the alternative, the legal description of the lands from where the Christmas trees were taken or in the further alternative, the name and address of the person, firm or corporation from whom the Christmas trees were received;
B. The destination of the Christmas trees;
C. The date the Christmas trees were taken and removed from the land, or delivered to the person transporting the Christmas trees. (Prior code § 4.24.050).
5.12.060 Duty of peace officers to investigate.
All peace officers shall note and investigate the transportation of Christmas trees for the purpose of preventing violations of the provisions of this chapter. (Prior code § 4.24.060).
5.12.070 Arrest – Summons or citation – Procedure.
Whenever any person, firm or corporation, or agent, violates the provisions of Sections 5.12.020, 5.12.030A, and 5.12.040, 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 shall seize the trees 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 appears before the court and presents satisfactory evidence of ownership, the court shall order the officer to deliver the trees to the owner.
However, if the owner does not appear and prove his ownership thereof within five days, the court shall direct the officer to sell the trees and pay the proceeds thereof to the treasurer of the county, who shall deposit same in the general fund. (Prior code § 4.24.080).
5.12.080 Violation – Penalties.
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 of not exceeding $250.00, or by imprisonment in the county jail for a period not exceeding 90 days. (Prior code § 4.24.090).