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.