Ordinance 1507ORDINANCE NO. A-0 7
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON
AMENDING CHAPTER 5.80 OF THE EDMONDS CITY CODE,
PUBLIC PARKS, SETTING FORTH A NEW SECTION DEFINING
TERMS, AMENDING EXISTING SECTION TO CONFORM THE
SAME TO THE NEW DEFINITIONS, CREATING A NEW SECTION
CROSS -REFERRING UTILIZATION OF EQUESTRIAN AREAS IN
PUBLIC PARKS TO EXISTING REGULATIONS THEREFOR,
PROVIDING NEW REGULATORY MEASURES CONCERNING UNDER-
WATER PARKS AND DIVING AND PROVIDING PENALTIES.
WHEREAS, after due consideration and public hearings
relative to parks, owned, leased or otherwise operated by
the City of Edmonds, the City Council has deemed it in the
public interest to amend the Public Parks Chapter of the
Edmonds City Code, Chapter 5.80, to create a new section
of the Edmonds City Code (Section 5.80.005) defining terms;
to amend Sections 5.80.010 through 5.80.030 to conform the
same to the new definitions; to create a new section of said
Chapter (Section 5.80.050) for cross-reference purposes rela-
tive to providing equestrian areas in public parks; and to
create four new sections (Sections 5.80.060 through 5.80.090)
regulating the utilization of underwater parks, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON DO
ORDAIN AS FOLLOWS:
Section 1. The following sections of the Edmonds City
Code are hereby amended and newly created to read as follows:
Section 5.80.005 Definitions. When used in this
Chapter the following terms shall have the following
meanings:
(1) "Park" refers to public parks, including under-
water parks, beaches and playgrounds, owned by, leased
or otherwise under the direct supervision and/or control
of the City of Edmonds.
(2) "Scuba Diving" refers to the acts of persons
who are in, upon or under the water either wearing or
otherwise utilizing any breathing device intended to
extend the user's time under water beyond his normal
lung capacity.
(3) "Skin Diving" and/or "free diving" refers to
the acts of a person who is in, upon or under the
water while wearing an exposure suit, swim fins and
face mask (or goggles).
Section 5.80.010 Park closing hours. All parks
shall be closed between the hours of 10 o'clock p.m.
and 6 o'clock a.m. each and every day, unless other-
wise posted by the City Park and Recreation Department.
It shall be unlawful for any person to loiter on,
remain in, or otherwise be on said premises between
the stated hours unless written permission is granted
by the Mayor, a department head or a police officer or
fireman of said City.
Section 5.80.020 Specially designated hours by posting.
The Director of Parks and Recreation is hereby authorized
to post a notice or notices as the case may be of
closing hours for any and all parks to set forth
different hours of closure than those set forth in
said Section 5.80.010. The posted notice or notices
shall set forth the hours of closure for said premises
and shall be placed in a conspicuous place or places
at each drive-in or pedestrian access provided by
the City to said park or parks. In the event the Park
and Recreation Director modifies the hours of closure
as provided herein, he shall maintain a list of said
parks in which said modified closing hours are in
effect, shall file a copy with the City Clerk, and
said list shall be open and available for public
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inspection. In the event the hours of closure are
modified as herein provided for any park, it shall
be unlawful to loiter on, remain in, or otherwise
be on said premises during the hours as posted by
the Director of Parks and Recreation as provided herein.
Section 5.80.030 Motor vehicles prohibited from City
parks. It shall be unlawful to operate motor vehicles
of every kind and description, whether licensed or
unlicensed specifically including two -wheeled motor
vehicles such as mini -bikes, motorcycles and trail -
bikes, in or on any park, provided, the Director of
Parks and Recreation is hereby authorized to post a
notice or notices prescribing parking areas, roadways,
entrances and exits for motor vehicles to and within
said parks which posted areas, and only said areas,
shall be open for motor vehicular purposes. The owner
and/or operator of any motor vehicle found within or
on any said public park, other than in the areas posted
as hereinabove provided shall be guilty of a misdemeanor.
Section 5.80.050 Horses and similar animals. Unless
otherwise directed by the Director of Parks and
Recreation as set forth in Section 3.30.080, it shall
be unlawful for any person to ride, lead or otherwise
permit any horse, jackass, mule, donkey, burrow and/or
bovine animal to be within or on any park.
Section 5.80.060 Underwater park regulation. In
addition to the regulations applicable to all parks as
set forth in the Edmonds City Code the following
additional regulations shall be applicable to underwater
parks and it shall be unlawful for any person to violate
the terms thereof.
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(1) Boating and submersible vehicles. Subject to
written permission as provided below, it shall be
unlawful for any person to waterski, operate any type
of boat of every kind and description, including, but
not limited to boats propelled manually, by wind, or
motor driven, over or within any underwater park or
delineated ingress or egress area into or away from said
underwater park, or within 200 feet in any direction of
said underwater park or area delineated for ingress or
egress into or away from said underwater park, Provided,
nonsubmerisble paddle boards, rubber rafts or inner -
tubes used as safety flotation devices by scuba divers or
free divers shall not be prohibited.
(2) Scuba diving and/or free diving. Subject to
the written permission provided below, it shall be
unlawful for any person to scuba dive and/or free dive
within three hundred feet of any public boat launching or
mooring facilities and/or public ferry landings except
in City owned or leased underwater parks.
(3) Non -swimming areas may be designated as set
forth in Sections 5.52.080 through 5.52.082 of the
Edmonds City Code.
Section 5.80.070 Prohibited acts within underwater parks.
The following acts are unlawful and hereby prohibited
within the boundary of any underwater park:
(1) Possession of any device designed for the
taking of fish, bi-valves, mollusks, crustaneans, or other
marine plant and/or animal life including, but not
limited to, fish lines, poles or hooks, spears or spear
guns of every kind and description, nets for taking or
collecting already -taken marine life, gaffs, stringers
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designed for attaching fish, or any other similar
hunting and/or fishing device of every kind and descrip-
tion, Provided, however, nothing herein shall be construed
to prevent the wearing by scuba divers or skin divers
of knives properly sheathed which are customarily used by
scuba divers and which are securely affixed to said diver.
(2) The taking or possession of any fish, bi-valve,
mollusk, crustacean or any other type of marine organism,
whether plant or animal, of any kind and description.
(3) Scuba diving and/or free diving alone or without
a "buddy" or scuba diving companion both of which persons
shall be capable of mutual rescue.
(4) Scuba diving unless certified by an instructional
program recognized by the Washington Council of Skin
Diving Clubs or in possession of a current registration
card issued by the Supervisor of Safety, Department of
Labor and Industries,pertaining to scuba diving.
Section 5.80.080 Prohibited acts on beaches adjacent to
underwater parks. It shall be unlawful for any person
to violate any of the following regulations on the
City park and beach lying north of the ferry dock on
Main Street extended and south of the bath house situated
on Sunset Beach:
(1) When having in his or her possession scuba or
free diving equipment the additional possession of any
device designed for the taking of fish, bi-valves,
mollusks, crustaceans or other marine plant or animal
life including, but not limited to, fish lines, poles or
hooks, spears or spear guns of every kind and description,
nets for taking or collecting already -taken marine life,
gaffs, stringers designed for attaching fish, or any
other similar hunting and/or fishing device of every kind
and description, Provided, however, nothing herein
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shall be construed to prevent the following: (a)
the wearing by scuba or free divers of knives
properly sheathed which are customarily used by
scuba or free divers and which are securely affixed
to said diver, (b) the possession of fishing tackle
designed for fishing from above the surface of the
water (excluding scuba or skin diving equipment)
from the fishing pier or breakwater provided by
the City, or (c) the possession of clam digging
equipment such as shovels, clam "guns" or buckets for
digging clams from the beach itself and upland from
the water's edge.
(2) The taking or possession of any fish, bi-
valve, mollusk, crustacean, or any other type of marine
organism, whether plant or animal, of any kind or
description except as provided in subparagraphs 1(b)
and l(c) above.
Section 5.80.090 Special exceptions by permission.
The acts prohibited specifically relating to underwater
parks in Section 5.80.060 through 5.80.080, shall be
lawful for such purposes as research, emergency situ-
ations and organized activities under the superivision
of the Parks and Recreation Department, when express
permission is granted in writing by anyone of the
following persons or organizations (except in emergencies
involving immediate danger to life and/or property):
(1) Any department head of the City of Edmonds,
(2) Any fireman or police officer of said City,
(3) Any Commissioner of the Port of Edmonds, or the
Port manager, or
(4) The State Department of Fisheries.
Section 2.
Any person or persons who shall violate or
fail to comply with any of the provisions of this Chapter,
or any part thereof, shall upon conviction of said violation
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be punished by a fine, or by imprisonment in jail, or by
both such fine and imprisonment as set forth in Section
5.12.170 of the Edmonds City Code, which section by this
reference is incorporated herein as if set forth in full.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
FILED WITH THE CITY CLERK: November 3, 1970
PASSED BY THE City Council: November 3, 1970
PUBLISHED: November 11, 1970
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M E M O R A N D U M
June 10, 1988
TO: Jackie Parrett, City Clerk
Administrative Services Department
FROM: Jim Barnes, Manager
Parks and Recreation Division
SUBJECT: ADJUSTED BEACH PARK HOURS MAY - SEPTEMBER
In accordance with City Code 5.32.010 and 5.32.020, the following
revision of posted parks hours is to be on file for public inspection
in your office:
All City of Edmonds beach parks will be open according to the following
schedule:
May 1 through September 31, 1988 - 6:00 a.m. to 11:00 p.m.
JB/ma
cc: Mayor
Parks & Recreation Staff
Peter Hahn
Police Department
Fire Department
HOURS/TXTPARKS