The city of Ocean Shores has had to amend its new ordinance allowing use of wheeled all-terrain vehicles in city limits to now exclude them from driving on the ocean beaches.

The change was requested by the state Parks and Recreation Commission, which notified the city that it is still illegal to drive such vehicles, known as WA-TVs, on the state-controlled beaches or the beach access areas.

“We have concurrent jurisdiction over the ocean beaches, and the state does not allow these WA-TVs on the beach,” Mayor Crystal Dingler explained.

The City Council on May 22 voted to allow the four-wheeled all-terrain vehicles on city streets under a provision in it municipal code (Chapter 10.32.030).

But the state believed “we were encouraging them by allowing them to go on the beach approaches,” Dingler said.

“They came to us and said, ‘please change that,’” she added.

The council then on July 10 approved the new amended law that states: “It is unlawful to operate a wheeled all-terrain vehicle in a park, on the beach accesses (referred to as beach approaches) on the ocean beach, and on the ocean beach within the dunes protection area.”

Dingler noted that the new amended policy was drafted as an emergency ordinance so that it goes into effect immediately.

The Police Department also wanted clarification on the infraction penalty, which originally called for a $1,000 fine, but did not specify what classification of crime it constituted.

City Attorney Brent Dille noted the city has three classifications of crimes, A, B and C, which would carry a maximum fine of $500 with no jail time attached to a violation.

Questions about the change centered on the fact that the vehicles would still have to be licensed to operate within the city.

“They are licensed to be on the road, why are they not licensed to be on the state highway?” asked Randy Peck.

“The other part is if you are going to do it, how are they going to know that they are not supposed to go there” on the beach? asked Susan Conniry. “Are there going to be signs that will be placed?”

Shannon Rubin noted the council originally passed the ordinance to specifically include the beach in its wording: “I’m pretty glad that I didn’t go out and spend thousands of dollars on one of these because you did say they could go on the beach.”

“Yet again, we put the cart way before the horse and we don’t check with all the different people this could affect before we spend money on an attorney to draft the language so we can have a final ordinance,” Rubin said.

Dingler said the city will have to have signs put up to state the WA-TVs are not allowed onto beaches or beach approaches.

Councilwoman Holly Plackett moved that the amended ordinance be approved on its first reading, and the vote was 6-0, with Councilwoman Jackie Farra abstaining.