Washington Administrative Code › Title 352 - Parks and Recreation Commission › Chapter 352-37 - Ocean beaches › Section 352-37-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
Whenever used in this chapter the terms below mean the
			following, unless the context clearly indicates otherwise:
"Access road" means a road designated by a city, county, or the
			state for the purpose of accessing the ocean beaches.
"Aircraft" means any machine designed to travel through the
			air, whether heavier or lighter than air; airplane, dirigible, balloon,
			helicopter, etc. The term aircraft does not include paraglider.
"Campfires" means any open flame from a wood source.
"Camping" means erecting a tent or shelter or arranging
			bedding, or both, between the hours of 11:00 p.m. and 6:00 a.m.; or parking a
			recreation vehicle or other vehicle for the purpose of remaining
			overnight.
"Commission" means the Washington state parks and recreation
			commission.
"Concentrate" means the valuable mineral content separated from
			aggregate.
"Director" means the director of the Washington state parks and
			recreation commission or the director's designee.
"Driveable beach" means that area of the ocean beaches lying
			between the upper or landward limit of the hard sand area and the clam
			beds.
"Dry sand area" means that area lying above and to the landward
			side of the hard sand area as defined in this section.
"Excavation site" means the pit, furrow, or hole from which
			aggregate is removed to process and recover minerals or into which wastewater
			is discharged to settle out sediments.
"Fire" means any open flame from any source or device
			including, but not limited to, recreational fires, campfires, stoves, candles,
			torches, barbeques and charcoal.
"Fishtailing" means to swerve or skid from side to side.
"Geocache" means geocaches, letterboxes, and related
			activities. Geocaching is an outdoor treasure hunting game in which
			participants (called geocachers) use a Global Positioning System receiver or
			other navigational techniques to hide and seek containers (called "geocaches"
			or "caches").
"Hard sand area" means that area over which the tide ebbs and
			flows on a daily basis; and which is sufficiently hard or firm to support the
			weight of, and to provide unhindered traction for, an ordinary passenger
			vehicle.
"Hovercraft" means a powered vehicle supported by a cushion of
			air capable of transporting persons.
"Intimidate" means to engage in conduct which would make a
			reasonable person fearful.
"Long Beach Peninsula" means that area of the ocean beaches as
			defined in this section lying between Cape Disappointment on the south and
			Leadbetter Point on the north.
"Mineral prospecting tools" means any natural or manufactured
			device, implement, or animal (other than the human body) that can be used in
			any aspect of prospecting for or recovering minerals.
"Motor vehicle" means every vehicle that is self-propelled. For
			the purposes of this chapter, a motor vehicle must be approved for highway use
			in accordance with Title 46 RCW.
"North Beach" means that area of the ocean beaches as defined
			in this section lying between Damon Point on the south and Cape Flattery on the
			north.
"Obstruct pedestrian or vehicular traffic" means to walk,
			stand, sit, lie, or place an object in such a manner as to block passage by
			another person or a vehicle, or to require another person or a driver of a
			vehicle to take evasive action to avoid physical contact. Acts authorized as an
			exercise of one's constitutional right to picket or to legally protest, and
			acts authorized by a permit issued pursuant to WAC
			352-32-165
			does not constitute obstruction of pedestrian or vehicular traffic.
"Ocean beaches" means all lands fronting on the Pacific Ocean
			between Cape Disappointment and Leadbetter Point; between Toke Point and the
			south jetty on Point Chehalis; and between Damon Point and the Makah Indian
			Reservation, and occupying the area between the line of ordinary high tide and
			the line of extreme low tide, as these lines now are or may hereafter be
			located, and, where applicable, between the Seashore Conservation Line, as
			established by survey of the commission and the line of extreme low tide, as
			these lines now are or may hereafter be located, or as defined in
			RCW
			 79A.05.605, provided, that the ocean beaches
			does not include any lands within the established boundaries of any Indian
			reservation.
"Parasail" means a parachute-type device attached to a rope
			pulled by a motor vehicle, resulting in the participant being lifted from the
			ground by the force of the wind.
"Person" means all natural persons, firms, partnerships,
			corporations, clubs, and all associations or combinations of persons whenever
			acting for themselves or by an agent, servant, or employee.
"Placer" means a glacial or alluvial deposit of gravel or sand
			containing eroded particles of minerals.
"Prospecting" means the exploration for minerals and mineral
			deposits.
"Seashore conservation area" means all lands now or hereafter
			under state ownership or control as defined in
			RCW
			 79A.05.605.
"South Beach" means that area of the ocean beaches as defined
			in this section lying between Toke Point on the south and the south jetty on
			Point Chehalis on the north.
"Wind/sand sailer" means a wheeled, wind-driven recreational
			conveyance.
Statutory Authority:
			  RCW
			   79A.05.030,
			  79A.05.165, and
			  79A.05.615. 11-19-015, §
										352-37-020, filed 9/8/11,
			  effective 10/9/11. Statutory Authority:
			  Chapter
			  79A.05 RCW. 07-03-121,
			  §
										352-37-020, filed 1/22/07,
			  effective 2/22/07. Statutory Authority:
			  RCW
			   79A.05.030,
			  79A.05.035,
			  79A.05.070,
			  79A.05.165,
			  79A.05.605, and
			  79A.05.610. 05-24-030, §
										352-37-020, filed 11/30/05,
			  effective 12/31/05. Statutory Authority:
			  RCW
			   79A.05.030,
			  79A.05.035,
			  79A.05.055,
			  79A.05.070, and
			  79A.05.165. 05-01-068, §
										352-37-020, filed 12/9/04,
			  effective 1/9/05. Statutory Authority: RCW 43.51.040. 90-07-050, §
										352-37-020, filed 3/19/90,
			  effective 4/19/90.