PARKS AND RECREATION

COMMISSION

(1) Operations of wind/sand sailers is allowed on the ocean beaches within the seashore conservation area only as authorized in this section.

(a) Wind/sand sailers may only be operated in areas specifically designated by the director;

(b) Wind/sand sailers may only be operated on the driveable portion of the ocean beaches;

(c) Operation of wind/sand sailers is subject to safety measures or other restrictions determined by the director;

(d) Wind/sand sailers may only be operated from sunrise to sunset unless, otherwise restricted by the director;

(e) Wind/sand sailers may not be operated on a beach open for razor clam digging per Washington department of fish and wildlife rule for the period beginning three hours before the published low tide and ending three hours after the published low tide;

(f) Wind/sand sailers shall yield the right of way to all pedestrian, equestrian or vehicular traffic and observe all regulations that restrict the operation of wind/sand sailers;

(g) A person shall not operate a wind/sand sailer in a reckless manner including, but not limited to, recklessly weaving through congested pedestrian, equestrian or vehicular traffic, operating unnecessarily close to other users of the beach, or recklessly swerving at the last possible moment to avoid collision;

(h) Notwithstanding the speed limitation set forth in WAC 352-37-130, the director may authorize higher speeds for specific events.

(2) Except as provided in WAC 352-37-330, any violation of this section is an infraction under chapter 7.84 RCW.

(1) No person shall operate wind/sand sailers unless the person:

(a) Is sixteen years of age or older; or

(b) Is accompanied by and is under the supervision of a person sixteen years of age or older.

(2) Subject to WAC 352-37-330, any violation of this section is an infraction under chapter 7.84 RCW.

(1) No person shall operate any motor vehicle or wind/sand sailer on or along any ocean beach at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event speed shall be so controlled as may be necessary to avoid colliding with any person, animal, vehicle or other conveyance on or entering the driveable beach in compliance with legal requirements in the duty of all persons to use due care.

(2) Except when a special hazard exists that requires lower speed for compliance with subsection (1) of this section, the maximum speed limit for operation of motor vehicles or wind/sand sailers on the ocean beaches shall be twenty-five miles per hour.

(3) The driver of every motor vehicle or wind/sand sailer operating on the ocean beaches shall, consistent with the requirements of subsection (1) of this section, drive at an appropriate reduced speed when approaching and crossing a beach access road, when approaching one or more parked vehicles, when approaching or traveling past or in the vicinity of a pedestrian or group of pedestrians, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or beach conditions.

(4) Except as provided in WAC 352-37-330, any violation of this section is an infraction under chapter 7.84 RCW.

The following forms of public outdoor recreation activities or devices are prohibited on the ocean beaches unless specifically designated therefore or authorized by the director or designee as a special recreation event.

(1) Vehicles not licensed and certificated pursuant to chapters 46.12 and 46.16 RCW.

(2) ((Wind/sand sailers.

(3))) Parasails.

(((4))) (3) Hovercraft.

(((5))) (4) Powered parasail.

(((6))) (5) Ultra-light aircraft.

(((7))) (6) Powered hang gliders.

(((8))) Any violation of this section is an infraction under chapter 7.84 RCW.

(1) The director or designee may, for a specified period or periods of time, close any portion of the seashore conservation area to public access if the director or designee concludes that such a closure is necessary for the protection of the health, safety and welfare of the public, park visitors or staff, or park resources.