OS MAYORS OFFICE
2017-04-05 | Anonymous Ocean Shores Citizen and Taxpayer
THE PARCEL# 618122758170 PHOTO ABOVE CAN BE FOUND AT THE GRAYS HARBOR COUNTY ASSESSORS OFFICE, USING THE PARCEL# LOOKUP TOOL. THE RED VERTICAL LINE IN THIS PHOTO, IS THE CITIES WESTERNMOST PARCEL# 618122758170 WHICH BORDERS THE STATE PARK AND HAS BEEN SURVEYED BY THE GRAYS HARBOR COUNTY SURVEYORS OFFICE AS 200 FEET WIDE EAST TO WEST. THEN WEST OF THAT PARCEL IS THE MASSIVE UPLAND HABITAT OF THE STATE PARK, WHICH VARIES BETWEEN 1000 AND 3000 FEET IN WIDTH EAST TO WEST. THEN WEST OF THE UPLAND HABITAT IN THE STATE PARK ARE THE FIRST CLASS TIDELANDS. THE GREAT MASS OF ACCRETED LAND SINCE THE 1960 SURVEY BELONGS TO THE STATE, NOT THE CITY. THE ONLY PLACE THAT THE TIDELAND MAKES CONTACT WITH TAX PARCEL# 618122758170, IS AT THE NORTH JETTY (CIRCLED IN YELLOW), WHERE EROSION HAS REMOVED A SMALL PORTION OF THE PARCEL, AND THAT ERODED AREA IS NOW A STATE HIGHWAY PURSUANT TO THE HIGHWAY RESERVATION LAWS OF 1901 CHAPTER 105.
WELCOME TO THE STATE PARK
Refer to the Ocean Shores Municipal Court case number C32800 / I22895, which ended in dismissal.
After a “MOTION TO COMPEL THE CITY ATTORNEY TO PRODUCE AND DELIVER A LEGAL DOCUMENT SHOWING THE CITY LAW WAS LEGALLY ENFORCEABLE ON STATE PARK LANDS WHERE THE DEFENDANT WAS ARRESTED”; the Ocean Shores City Attorney then submitted the following two jurisdiction documents to the court on 2016-10-18:
1) 1970 ORIGINAL ARTICLES OF INCORPORATION
2) 2002 Ordinance No. 728
Those documents (listed below) are being used by the city of Ocean Shores to establish the cities boundaries and jurisdiction. And they both FAIL the jurisdiction test.
1) 1970 ORIGINAL ARTICLES OF INCORPORATION
It is hereby ordered that the following described property, situate in Grays Harbor County, State of Washington:
ALL OF SECTION 27, EXCEPT THE EAST HALF OF THE SOUTHEAST QUARTER, AND ALL OF SECTIONS 34 AND 35 IN TOWNSHIP 18 NORTH, RANGE 12 WEST OF THE WILLAMETTE MERIDIAN; ALL OF SECTIONS 2, 3, 10, 11, 13, 14, 15, 22, 23, 24, 25, 26, AND 27 IN TOWNSHIP 17 NORTH, RANGE 12 WEST OF THE WILLAMETTE MERIDIAN, LYING SOUTHERLY OF A.O. DAMON ROAD AND THE EASTERLY PROJECTION THEREOF, AND LYING WESTERLY OF NORTH BAY ON GRAYS HARBOR AND EASTERLY OF THE PACIFIC OCEAN; TOGETHER WITH TIDELANDS OF THE SECOND CLASS ADJACENT TO OR ABUTTING THEREON; SITUATE IN GRAYS HARBOR COUNTY, STATE OF WASHINGTON;
2) 2002 Ordinance No. 728
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OCEAN SHORES, WASHINGTON, AMENDING THE CORPORATE BOUNDARIES OF THE CITY OF OCEAN SHORES, WASHINGTON NOW, THEREFORE. THE CITY COUNCIL OF THE CITY OF OCEAN SHORES, WASHINGTON. DOES HEREBY ORDAIN AS FOLLOWS:
Section 1.
The corporate boundaries of the City of Ocean Shores, Washington, are hereby legally defined as follows:
ALL OF SECTION 27, EXCEPT THE EAST HALF OF THE SOUTHEAST QUARTER, AND ALL OF SECTIONS 34 AND 35 IN TOWNSHIP 18 NORTH, RANGE 12 WEST OF THE WILLAMETTE MERIDIAN; ALL OF SECTIONS 2, 3, 10, 11, 13, 14, 15, 22, 23, 24, 25, 26, AND 27 IN TOWNSHIP 17 NORTH, RANGE 12 WEST OF THE WILLAMETTE MERIDIAN, LYING SOUTHERLY OF A.O. DAMON ROAD AND THE EASTERLY PROJECTION THEREOF, AND LYING WESTERLY OF NORTH BAY ON GRAYS HARBOR AND EASTERLY OF THE PACIFIC OCEAN; TOGETHER WITH TIDELANDS OF THE SECOND CLASS ADJACENT TO OR ABUTTING THEREON; SITUATE IN GRAYS HARBOR COUNTY, STATE OF WASHINGTON; EXCEPT: THE UPLANDS CONTAINED WITHIN THE FOLLOWING DESCRIBED TRACTS ALL LOCATED WITHIN TOWNSHIP 17 NORTH, RANGE 12 WEST, WILLAMETTE MERIDIAN, INCLUDING THE WEST HALF OF SECTION 24; THE WEST HALF OF SECTION 25; THE NORTH HALF OF SECTION 26; THAT PORTION OF SECTION 22 LYING SOUTHEASTERLY OF THE SOUTHEASTERLY BOUNDARY OF DIVISION 20, PLAT OF OCEAN SHORES; THAT PORTION OF SECTION 23, LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: TRUE POINT OF BEGINNING OF SAID LINE BEING THE SOUTHEAST CORNER OF LOT 14, BLOCK 4, DIVISION 20, PLAT OF OCEAN SHORES; THENCE NORTH 80 00′ 00″ EAST, TO THE EAST LINE OF SAID SECTION 23 AND THE TERMINUS OF SAID LINE.
In the boundaries definition of those documents, it states a condition of “TOGETHER WITH TIDELANDS OF THE SECOND CLASS ADJACENT TO OR ABUTTING THEREON;”
This conditional test will prove or disprove jurisdiction, as follows:
| CONDITIONAL TEST FROM CITY DOCUMENT | ANSWER | FAILED/PASSED |
| 1) DO TIDELANDS OF THE SECOND CLASS EXIST | NO | FAILED |
| 2) IS TIDELAND ADJACENT TO OR ABUTTING THEREON TO ANY CITY PARCELS | NO | FAILED |
Each condition must be met and passed in order for the city of Ocean Shores to meet the requirements from the jurisdiction documents which were submitted to the court by the Ocean Shores City Attorney. The city has FAILED both conditions from the cities jurisdiction requirements.
Therefore, according to the cities own documents; they do not have jurisdiction in the Washington State Park. And the Mayor should not be instructing the Ocean Shores police department to run patrols outside the cities boundaries where they do not have jurisdiction.
Using these failed jurisdiction documents, the city of Ocean Shores has been wrongfully criminally prosecuting State Park visitors. And millions of tax dollars are being wasted each year by operating the Ocean Shores city police force in the State Park, where the city has no jurisdiction. Now someone must reverse all of the wrongful prosecutions which have been made by the City of Ocean Shores against the State Park visitors.
This is a disgraceful and absurd waste of hard earned tax dollars from the citizens of Ocean Shores, it’s illegal, and it could easily result in a class action lawsuit against the City of Ocean Shores. This Mayor should be removed by way of a re-election process, which can be started by a petition.
Patrols of the State Park are being done very well and correctly by the State Park Rangers who are doing an excellent job at managing the State Park. And they have been managing the State Parks for more than 100 years now.