Weden v. San Juan County

135 Wash. 2d 678
CourtWashington Supreme Court
DecidedJuly 9, 1998
DocketNo. 64776-3
StatusPublished
Cited by128 cases

This text of 135 Wash. 2d 678 (Weden v. San Juan County) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Weden v. San Juan County, 135 Wash. 2d 678 (Wash. 1998).

Opinions

Johnson, J.

In January 1996, San Juan County passed an ordinance that banned the use of motorized personal watercraft, subject to certain limited exceptions, on all marine waters and one lake in that county. We are asked to determine whether that ordinance is unconstitutional or violative of the public trust doctrine. We conclude that it is neither and, consequently, reverse the Whatcom County Superior Court’s judgment that the ordinance is void and of no force and effect and remand for entry of an order granting San Juan County’s motion for summary judgment.

FACTS

The Board of Commissioners of San Juan County (Board) held public meetings on September 18 and 19, 1995, for the purpose of discussing what some citizens had identified as a growing problem with the use of motorized personal watercraft (PWC) in San Juan County waters.1 Following those meetings, the Board conducted a workshop with the San Juan County Prosecuting Attorney “regarding drafting of proposed regulations regarding the use of Personal Watercraft in San Juan County . . . .” Ex. 249, at 2 (Ordinance No. 3-1996). On January 23, 1996, the Board conducted a public meeting on a proposed ordinance that was developed at the workshop. One week later, the Board adopted Ordinance No. 3-1996 (the Ordinance). The Ordinance prohibits the operation of PWC on all marine waters of San Juan County, except:

a. During such time that the Personal Water Craft is being used for or engaged in interstate or foreign commerce; and [685]*685that during such use the Personal Water Craft is following the most direct route practicable;
b. During such time that Personal Water Craft are operating under a permit issued by San Juan County or a United States Coast Guard Permit;
c. For emergency purposes when there is a reasonable belief that such use is necessary to protect persons, animals or property.

Ex. 249, at 12-13 (Ordinance No. 3-1996, § 5). The Ordinance also banned the use of PWC outright on Sportsman Lake in San Juan County.

A personal watercraft is defined in the Ordinance as “a vessel of less than sixteen feet (16’) in length that is propelled by machinery, commonly a jet pump, and which is designed to be operated by a person sitting, standing or kneeling on the vessel, rather tha[n] being operated by a person sitting or standing inside the vessel.” Ex. 249, at 12 (Ordinance No. 3-1996, § 3). The Ordinance provides that it will expire two years from the date of enactment unless otherwise extended.2

The Ordinance contained an extensive list of “legislative findings” regarding the nature of the marine environment in San Juan County and the characteristics of PWC. Regarding the marine environment, the Ordinance states:

7. The marine waters of San Juan County has [sic] many species of threatened and endangered species of marine mammals and birds as visitors, migrants or residents that are sensitive to vessel traffic in and among the San Juan Islands ....
9. The refuges and other protected areas offer habitat [where] birds nest and rest and seals rest and nurture their [686]*686young. Birds disturbed or panicked by vessels trample eggs and chicks, knock chicks from nests onto waves and rocks, and expose vulnerable offspring to sun, rain, and predators. Newborn seal pups may become separated from their mothers, crushed by a herd of panicked adults or be forced into cold or swift water prematurely. If the disturbances are continued entire refuge areas may be abandoned by wildlife.

Ex. 249, at 4-5 (Ordinance No. 3-1996). The Board also noted that tourism, which is a “major economic factor” in San Juan County, is “heavily dependent” on visitors who seek “tranquillity” and the opportunity “to view marine life and habitat.” Ex. 249, at 6 (Ordinance No. 3-1996). It made no findings specifically relating to the use of PWC on Sportsman Lake.

The Board’s findings in reference to PWC were as follows:

17. PWCs are capable of high speeds, up to 60 MPH, have a high degree of maneuverability. Operation typically includes rapid changes of direction, rare travel in straight lines, and frequent operation in multiple numbers in a confined area. Operators are expected [to] be in contact with the water either by spray or falling overboard. PWCs are small and have a shallow draft which allows them to be operated at high speeds close to shore.
18. The high speed of a PWC, the rapidity with which it can change direction and the waves and noise it produces cause disruption to other vessels, swimmers and divers and the natural environment. If the operators violate the law, they are almost impossible to apprehend because of the high speed and high maneuverability. Because they rarely travel in straight lines, the vessel speed cannot be easily determined.

Ex. 249, at 8 (Ordinance No. 3-1996).

The Ordinance enumerates multiple effects of PWC about which the Board was concerned:

19. The noise from PWCs interferes with the historical and current uses and enjoyment of the shoreline property. Although unmodified PWC are no louder than other types of [687]*687boats, modifications to PWCs are more common than other vessels. PWCs commonly operate with other PWCs close together for reasons of safety, fun and convenience. As a general rule, additional PWCs operated in the same area will cause the overall noise level to increase. PWC[s] frequently operate in a small area causing conflict with shoreline users. Finally, part of the fun of PWC use is rapid acceleration, deceleration and the jumping of wakes. These operations create an uneven noise, that is louder when the PWC is out of the water, that is objectionable and has been compared in pitch to the sound of a mosquito. These characteristics are not shared by other vessels operated to reach a destination.
20. The operational characteristics of PWCs make them hazardous and incompatible with destination commercial and recreational vessel traffic in and through San Juan County. The maneuverability and ability to travel close to shore of PWCs make them able to harass wildlife and bird life unlike destination power vessels. These attributes are also inconsistent with the protection and preservation of the wildlife which inhabit the waters and refuges of the County. These attributes are also inconsistent with the tranquil lifestyle quality desired by the tourists and residents of the County.
21. The operation of PWCs is less safe and more damaging in San Juan County marine waterways than in other waters because of cold water temperatures, changeable and unpredictable currents, variable tidal heights exposing rocks at different times, floating deadheads, rocks and reefs, and populations of marine life.
22. Accident statistics for PWCs is not yet available for San Juan County, largely because PWC use is only emerging. The evidence from other larger communities where PWC is more established is helpful, however. A report entitled “California Boating Accident Report for 1994” showed that Personal Water Craft made up 13.1 percent of the boating industry, but were involved in 36 percent of all reported boating accidents, 46 percent of the injuries and 17.5 percent of the fatalities and 17 percent of the property damage.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Matthew DeRyan v. Philadelphia Indemnity Insurance
Court of Appeals of Washington, 2025
Jeff Young, V. City Of Port Angeles
Court of Appeals of Washington, 2024
Skycorp, Ltd., V. King County
Court of Appeals of Washington, 2024
Melissa C. Williams v. City Of Seattle
Court of Appeals of Washington, 2021
Chong Yim v. City of Seattle
Washington Supreme Court, 2019
Jefferson County v. Michael Anderson
Court of Appeals of Washington, 2019
Pope Res., LP v. Dep't of Nat. Res.
Washington Supreme Court, 2018
Pope Res., LP v. Wash. State Dep't of Natural Res.
418 P.3d 90 (Washington Supreme Court, 2018)
Emerald Enterprises And John Larson v. Clark County
413 P.3d 92 (Court of Appeals of Washington, 2018)
Kitsap County v. Kitsap Rifle And Revolver Club
Court of Appeals of Washington, 2017
Chelan Basin Conservancy v. GBI Holding Co.
Washington Supreme Court, 2017
Aiken v. Aiken
387 P.3d 680 (Washington Supreme Court, 2017)
Chelan Basin Conservancy v. GBI Holding Co.
378 P.3d 222 (Court of Appeals of Washington, 2016)
Leslie Pendergrast, App-cross Resp v. Robert Matichuk, Resp-cross App
355 P.3d 1210 (Court of Appeals of Washington, 2015)
Cannabis Action Coalition v. City of Kent
351 P.3d 151 (Washington Supreme Court, 2015)
OneWest Bank, FSB v. Erickson
337 P.3d 1101 (Court of Appeals of Washington, 2014)
Dept. Of Ecology, State Of Wa v. Wahkiakum County
Court of Appeals of Washington, 2014

Cite This Page — Counsel Stack

Bluebook (online)
135 Wash. 2d 678, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weden-v-san-juan-county-wash-1998.