Ocean Shores planning commission forwards change to municipal code to define "public safety officer," outlines resident process for wildlife complaints

The Ocean Shores Planning Commission voted Sept. 9 to forward to city council an amendment to municipal code section 8.2 that would designate the police chief 'or the chief's designee'as the city's "public safety officer" and establish a four-step process for residents seeking remedies for wildlife-related property damage.

Mark, the commission's presiding member, told the room that residents had brought photographs of animal damage and that the current code effectively leaves homeowners without a clear remedy. "We're proposing a step 4 step process on how a resident could go about remedying the situation," he said, describing steps that start with a code-enforcement assessment, move to a WDFW evaluation, require WDFW to notify the public safety officer before a trap is placed, and end with a licensed trapper responding. Mark said citizens currently bear the trapper cost, which residents reported at about $150.

The change would add an explicit definition in 8.2 stating that "the public safety officer referenced in this ordinance is determined to be the police chief or his or her designated representative." The commission approved a motion to send the amendment to city council for consideration.

Public commenters and commission members raised legal and practical concerns. Vita argued the municipal language 'as drafted'would "add an extra layer of complexity to state law" and could effectively criminalize conduct that state law treats as a civil private-nuisance matter. "If you do pass it with that criminal remedy, you're setting up the city for some liability," Vita said. Jane relayed comments from the police chief noting that city animal-control officers receive training primarily for domestic animals and "are not qualified to make those determinations" involving wildlife. She also noted that WAC 220-400-020, which lists "forbearing animals," does not include dogs and cats; "adding that under the section that specifically states hunt is also concerning," Jane said, and she recommended removing domestic pets from the draft.

Commissioners and staff acknowledged the concerns and the limits of city authority. Mark said that if council returns recommended amendments the council could refer the draft to the city attorney for legal review before adoption. He also said the city learned that WDFW contact procedures include notifying a public safety officer prior to trapping in Ocean Shores and that formalizing who that officer is would clarify operations.

Citizens urged additional safeguards. Jane suggested a notification radius when traps are set so neighbors, children and pets are warned; she described an incident where a neighbor stumbled upon a trap that had not been sufficiently announced. The commission did not adopt changes at the meeting; it voted only to forward the definition and proposed process to city council for further review.

Next steps: the amendment will go to the Ocean Shores City Council for consideration; if council modifies the language it can request a legal review by the city attorney and return recommendations to the commission as part of the standard ordinance process.